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1833  01102  7890 

lilllllHIWllllll— IMMi— I^IMMI 

^  Ramblings  in  Romance      f 

Last  week  R.  R.  Stuart  was  telling  us  of  the 
time  when  he  was  on  the  trail  of  a  copy  of  the 
Santa    Clara    volume    "Pen    Pictures    of    the 
Garden  of  the  World"  which  contained  an  intro- 
'  duction  by  Judge  David '  Belden.     The  search 
I  took  Stuart  to  a  farm  near  Coyote  and  uncov- 
ered not  only  the  book  but  a  coincidence.    The 
book  was  found  discarded  with  rubbish   and 
when  Stuart  offered  a  dollar  the  woman  of  the 
j  farm  was  surprised.    Then  she  turned  the  pages, 
!  saw  what  it  was  and  said,  "If  grandfather's 
I  write-up  is  in  this  book  I  wouldn't  sell  it  at 
any  price."     "I  don't  think  you'll  find  your 
grandfather's  biography  in  this  book,"  I  replied. 
"You'll  find  that  in  the  Santa  Clara  County 
history  which  was  published  in  1881."     "She 
was  referring  to  Orvis  Stevens,"  says  Stuart, 
"who  came  to  California  in  1852.    After  a  pre- 
liminary year  in  the  mines  on  the  Yuba  River 
I  and  some  farming  and  stock-raising  experience 
;  in  another  part  of  the  State,  he  had  moved  to  a 
farm  in  Santa  Clara  County.    Along  about  1875, 
he  rented  the  'Twelve-Mile  House'  and  for  a 
number  of  years  operated  a  store,  blacksmith 
shop  and  postoffice  in  connection  with  the  hotel. 
The  old  inn  still  serves  the  public  at  Coyote. 
As   she    stood   thumbing   through    the   leaves, 
something  green  and  crisp  slipped  out  and  flut- 
tered to  the  ground.    It  was  a  five-dollar  bill. 
At  first  she  appeared  to  think  I  was  in  some 
way  mixed  up  with  the  money,  but  since  that 
didn't  make  sense,  the  solution  finally  occurred 
to  her.    The  book  had  belonged  to  her  parents, 
and  years  before  when  she  was  a  girl  and  lived 
at  home,  her  mother  had  said  to  her  one  day: 
'I've  put  five  dollars  in  the  Bible,  and  I  can't 
find  it.'    Accordingly  they  got  down  the  Bible 
•  and  the  whole  family  had  taken  turns  in  search- 
'  ing  for  the  bill.    It  was  never  found,  and  many 
and  sinister  had  been  the  suggested  solutions 
of  the  mystery.    Of  course,  the  mother  had  con- 
fused the  two  big  books,  and  the  bill  had  lain 
hidden    all   these   years.     Under   the   circum- 
stances, she  was  glad  to  sell  the  history  for 
$1.00,  since  she  was,  in  reality,  getting  $6.00  for 
,  something  she  had  thrown  away." 




KHOIwI      TliE 


ardep  of  tl^i^ 


Sahta  Clara  County,  California. 

Containing  a  History  of  the  County  of  Santa  Clara  from  the  Earliest 
Period  of   its  Occupancy  to   the  Present   Time,  together  with 
Glimpses  of  its  Prospective  Future ;  with  Profuse  Illus- 
trations of  its  Beautiful  Scenery,  Full-Page  Por- 
traits of  Some  of  its  most  Eminent  Men, 
and  Biographical  Mention  of  Many 
of  its  Pioneers  and  also  of 
Prominent    Citizens 
of    To-day. 

Edited   by   H.  S.  E^QOXE^. 

Xlie    Le^sfis    Publistiingf    Corqpariy. 







General  Description 17,  26 

Native  Races 27 

Spanish  Occupation 2S 

Mission  of  Santa  Clara 28,  29,  31 

Pueblo  of  San  Jose 29,  30 

Vancouver's  Report 

Alameda 31,  119 

Early  Spanish  Customs 

The  Rodeo  32 

The  Matanza 33 

Architecture  33 

Agriculture 33 

Laws,  etc 35 

Church  at  the  Pueblo 35 

Secularization  of  the  Mission 36 

First  Census  (Mexican) 36 

First  Foreigners 37,38,  58 

The  Murphy  Party 38 

Schallenberger's  Story 48 

Donner  Party 58 

Micheltorena  War 63 

Mexican  War 63 

Battle  of  Santa  Clara   67 

First  American  Flag 68 

Discovery  of  Gold 70 

San  Jose  as  Capital  of  the  State 71 

Grandma  Bascom's  Story 71 

The  First  Constitution  72 

The  First  Legislature 74 

California  Admitted  as  a  State   74 

County  Boundaries 75 

County  Government,  etc 75,  76 

Land  Titles.. 76 

Private  Land  Agents 76,  77,  216 

Grants  to  the  Pueblo 77 

Mission  Grants 78 

Suertes 78 

Settlers'  War 80 

Survey  of  City  of  San  Jose 80 

Five-hundred-acre  Lots 81 

Bench  and  Bar  82 

The  Press 102 

Political  Record 109 

Roads  and  Highways 119 

Railroads 123 

The  Lick  Observatory 1 26 

Old  Landmarks  135 

Santa  Clara  County  in  the  War 137 

County  Institutions 139 

Court  House 139 

County  Jail 140 

County  Hospital 140 

Almshouse. 141 

Schools 142 

State  Normal  School 143 

Santa  Clara  College 144 

College  of  Notre  Dame 144 

University  of  the  Pacific 145 

Leland  Stanford,  Jr.,  University 145 

Garden  City  Business  College 145 

City  Government  of  San  Jose 147 

City  Officers 151 

Fire  Department 154 

River  Improvements 158 

Sewerage  System i5o 

Financial  Operations  of  the  County 162 

Petroleum  and  Natural  Gas 164 

Agricultural  Society 167 

History  of  Horticulture 170 

History  of  Viticulture 180 

Quito  Oilve  and  Vine  Farm 184 

Churches — San  Jose 186 

Artesian  Wells 189 

Banks— San  Jose 190 

Societies — San  Jose 192 

Manufacturing  Industries 195 

Fredericksburg  Brewery 197 

Street  Railroads 201 

Gilroy 201 

Santa  Clara 205 

Los  Gatos 208 

Saratoga 212 

Lexington 213 

Alma 213 



Al  viso 

Mountain  View 





Mountain  View  Station 214 

Mayfield, . .    214 

New  Almaden  Quicksilver  Mines 214 

Post-office 216 

Board  of  Trade,  San  Jose 670 

Hotel  Vendome,  San  Jose 670 

Public  Improvements 67I 

The  Death  Penalty 672 

Temperature 672 



Adams,  T.  B 275 

Agnew,  Abram 445 

Ahlers,   Henry  C 380 

Ainsworth,  William 530 

Albee,  O.  J 467 

Alexander,  W.  G 307 

Allen,  S.  R 477 

Alley,  O.  F 578 

Allison,  O.  U 663 

Allison,  W.  D 384 

Anderson,  Neil 628 

Anderson,  Philip 530 

Angney,  W.   Z 313 

Apperson,  R.  W 443 

Aram,  Joseph. 553 

Archer,  Lawrence 90 

Argall,  F.  L 404 

Arnerich,  Mateo 420 

Arnold,  Mrs.  0 351 

Arthur,  J.  C 455 

Arthur  J.   G 595 

Ashley,  A.  N 530 

g  hley,  John  T 529 


..  5'6 

Askam,  O.  P 

Atkinson,  W.  W 608 

Austin,  CD 328 

Austin,  D.  B 306 

Auzetais,  John  E 5^3 

Ayer,  S.  F 5« 

Babb,  Clement  E. 

Babb,  JohnP 

Bachman,  B.  F. . . 
Badger,  John  W. 

Bailey,  D.  C 

Baker,  R.  J. 


.....   252 





Balbach,  John 5^9 

Baldacci,  S 508 

Ball,  Peter 645 

Ballard,  F.  D 442 

Ballou,  J.  Q.  A 227 

Baltz,  Peter 404 

Banks,  RoUa 322 

Barker,  A.  M 368 

Barker,  S.  A 99 

Barnes,  Thatcher  F 485 

Barney,  John  W 256 

Barron,  Edward 49° 

Bartlett,  B.  L 316 

Barton,  Joseph 267 

Bassett,  Bruce  A 354 

Bassignano,  V 635 

Baumgartner,  F.  A 39° 

Beach,  E.  F 5^4 

Beach,  Tyler 506 

Beal,  G.  P 4°° 

Beans,  T.  E 19° 

Beauchamp,  William 478 

Beaumont,  J.  B 598 

Beaumont,  J.  M 599 

Beck,  M.  W 288 

Belden,  David 84 

Bellew,M 221 

Bennett,  A.  G 398 

Bennett,  Wirt  K 557 

Benson,  Henry  M 378 

Berghauser,  J.  G.  F 439 

Bergin,  John  J 646 

Berreyessa,  J.J 488 

Berryman,  Arthur 326 

Besse,  H.  T 459 

Billings,  Moses  F 432 

Bishop,  Samuel  A 657 

Bitancourt,  A.  1 606 

Blabon,  W.  L  316 

Black,  John  C 94 

Blackmar,  F.  W 44° 

Blaine,  George 655 

Blake,  D.  H 469 

Blake,  F.  W 106 

Blakemore,  C.  L 365 

Blanchard,  W.  W 200 

Block,  Abram 264 

Bodley,  Thomas 634 

Bohlmann,  Frank 348 

Bollinger,  A.J 465 

Bollinger,  Christian 565 

Booksin,  Henry 369 

Booksin,  L.  A 43° 

Boots,  William 275 

Bopp,  Charles  F 454 

Boring,  S.  W 601 

Boulieu,  Oliver 281 

Boulware,  J.  W 637 

Bowden,  Nicholas 97 

Bowdish,  M.  S 306 

Bowman,  George  M I75 

Boyce,  D.  S 229 

Brackett,  Nathaniel 466 

Bradley,  E.  L 368 

Brady,  James 358 

Branham,  B.  F 5'8 

Branham,  Isaac 49' 

Breyfogle,  C.  W 191 

Bridges,  Frank 573 

Briggs,  John  G 572 

Briggs,  Jos.  W 572 

Briggs,  M.  C 286 

Briggs,  R.  S 25s 

Brill,  John  W 377 

Brimblecom,  F.  A 294 

Britton,  Ephraim 468 

Britton,  F.  F 273 

Britton,  Martin 273 

Bronaugh,  C.  A 607 

Broughton,  S.  Q 55' 

Brown,   Frederick 59' 

Brown,  George  M 483 

Brown,  Joseph  E 392 

Brown,  W.   D 664 

Browne,  George  C 643 

Bruch,  Charles 590 

Brunst,  Frank 379 

Bryan,  J.  W 312 

Bryant,  B 333 

Bubb,  Benjamin  T  237 

Buck,  F.E 666 

Buckner,  R.  B 92 

Bull,  George  P 235 

Bulmore,  R.  R 335 

Burchard,   D.  W 96 

Surges,  Tristam 475 

Burns,  B.  E  60; 

Burrell,  C 59' 

Burrell,  James  B 266 

Burrell,  Lyman  J 263 

Butcher,  Mrs.  E.  A 483 

Byron,  George 447 


Calderon,  A 33^ 

Caldwell,  Robert 234 

Calkins,  Mark 276 

Campbell,  Benjamin 526 

Campbell,  J.  H 96 

Campbell,  William 525 

Canney,  J.  D 566 

Canright,  F.  P 5^5 

Carrel,   Henry  439 

Carpenter,  H.  F 291 

Carson,  George 595 

Cash,  A.B 545 

Castro,  C 350 

Cavallaro,  L.  S 372 

Chandler,  Mrs.  A 291 

Chapman,  A.  L 573 

Chase,  F.  W 299 

Childs,  C.  W 338 

Childs,  W.  W 337 

Chipman,  L.J 473 

Chrisman,  A.  P 593 

Christian,  John 405 

Church,  Jer.  B 253 

Chynoweth,  Louis 344 

Cilker,  John 307 

Clark,  E.  A 506 

Clark,  Mrs.  Sylvia 656 

Clark,  Walter  A 516 

Clarke,  Ira  P 640 

Clayton,  James  A 359 

Coe,  S.  A 647 

Coffin,  D.  W  471 

Coil,  Alex 63s 

Collins,  R.  E 377 

Colton,  A.  D 434 

Colombet,  C 559 

Combs,  J.  W 200 

Conant,  T 388 

Coney,  B.  G 322 

Conklin,   E.  B 525 

Cook,  C.  C 396 

Corcoran,  F.  L 355 

Corey,  Benjamin 247 

Corey,  C.  H 503 

Cottle,  Frank 419 

Cottle,  Ira 419 

Cottle,  Martial 352 

Cottle,  Royal,  Sr 4>8 

Cottle,  William  J 532 

Cottle,  Warren 334 

Cottle,  W.  0 580 

Courtney,  J.  T 236 

Cowan,  W.  W 544 

Cox,  William 618 

Cozzens,  W.  W 617 

Craft,  Benjamin 471 

Crandall,  A.  W  97 

Crittenden,  Orrin 3^9 

Cropley,  C.  H 45« 

Cross,  George 652 

Crossley,  John  P 274 

Crowley,  James 589 

Cummings,  E.  C . .  .     589 

Cunningham,  Joseph 323 

Curnow,  J.  R 390 

Curtis,  Perry 57' 

Cutler,  C.  W 4'° 

Dahlstrom,  Leopold 290 

Daniel,  J.  A.   P 647 

Darling,  E.  W 583 

Davies,  E.  H 292 

Davis,  I.  M 362 

Davis,  S.  B 487 

Davison,  E.  A 328 


Dawson,  E.  L 17S 

Dawson,  J.  M 174 

Day,  J.  C 422 

De  Crow,  W $88 

Deidrich,  R.  V 494 

De  Lacy,  H.  A 104 

De  Lacy,  S.  W 104 

Delaney,  E.J 388 

Denning,  Alfred 245 

Dennis,  Aaron 638 

Dent,  Rawley  E 514 

Derenne,  A.  D 647 

Dewar,   R 588 

Dickenson,  J 588 

Dilley,  J.  S 279 

Distel,  B 347 

Doerr,  Charles 5S7 

Donnely,  T.  H 244 

Dornberger,  L 24S 

Downing,  N.  H 2S0 

Dreischmeyer,  F 584 

Dubs,  Michel 626 

Dudley,  J.  P 412 

Dunn,  Frank 484 

Dunne,  Mrs.  C 494 

Durkee,  D.,Jr 571 


Eastin,  James  W 649 

Eberhard,  Jacob 286 

Edwards,  H.  W 507 

Edwards,  W.  A.  Z SS5 

Einfalt,   R.  G 106 

Ellsworth,  John  H 592 

Emlay,   H.  F 335 

Enright,  James 575 

Erkson,   William   639 

Evans,  E.  H 264 

Evans,  Josiah 651 


Farley,  Eben  C 500 

Farney,  Mark 521 

Farr,  Henry 31S 

Farrell,  M..  Sr 467 

Farrington,  A 433 

Farwell,  F.   M 312 

Fatjo,  Antonio 285 

Fellon,  J.  A 628 

Ferguson,  L.  C 328 

Field,  A.  G 668 

Fieldsted,  C 269 

Fine,  Mrs.  Louisa 2S9 

Finigan,  L 403 

Finley,  James 220 

Fisher,  J.  E 260 

Flickinger,  J.  H 177 

Fleming,  George  A 538 

Foster,  Joseph 559 

Fowler,  J.  S 631 

Fox,  B.  S ...    172 

Fox,  R.  D 414 

Francis,  Louise  E 106 

Franck,  F  C 497 

Francois,  C 630 

French,  C.  A 618 

Frink,  Daniel 517 


Gaffany,  Owen  E 315 

Gallagher,  A.  T 464 

Galpin,  P.  G 324 

Gardner,  G.  W 432 

Gartelmann,   D 310 

Gaston,  A.  A 372 

Gay,  M.   H   346 

Geiger,  William  C 622 

Gibson,  M.  S 44S 

Gillespie,  T.  J 508 

Gillespie,  W.  W 400 

Gish,  David  E 440 

Glendenning,  Robert 222 

Goodenough,    S 434 

Goodrich,  E.  B 225 

Goodrich,  E.   E 181 

Goodrich,  Levi  1 225 

Gordon,  J.  E 311 

Grant  Bros 271 

Grant,  John  T 260 

Grant,  Robert 575 

Graves,  Jacob 48 1 

Graves,  Sylvester 433 

Green,  William  H 396 

Greenawalt,  D 436 

Greeninger,  A 636 

Gregory,   S.  0 632 

Gribner,  Mrs.  P 382 

Griswold,    Benson 533 

Gruwell,  U.  L 566 

Gussefeld,  William 405 


Hagan,  C.  A 631 

Haines,  C .  T 402 

Haines,  N.  J   473 

Hale,  O.  A 380 

Hall,  Horace  B 567 

Hall,  J.  U 261 

Hall,  Nathan 319 

Halsey,  George  M . .    627 

Hamilton,   Frank 568 

Hamilton,  James  A 625 

Hamilton,  L.   E 303 

Hamilton,  Zeri 463 

Hammond,  W.  H 367 

Handy,  G.  W 266 

Hannon,   Patrick 442 

Harry,  James 335 

Hart,  Conard 352 

Harlman,  C .  H 624 

Hatman,  F.   D 399 

Hawley,  William 421 

Hayes,  Mary  A 254 

Headen,  Benjamin  F 249 

Hebard,  Lewis 320 

Helliesen,  C.  F.  A 624 

Hensley,  John   R 457 

Herbert,  William  B 497 

Herriman,  J.   R 266 

Herrington,  D.  W 93 

Herrington,  Irving 288 

Herrmann,  A.  T 364 

Herrmann,  C 366 

Hetty,  John 290 

Hicks,  Bedford 294 

Hildebrand,  A 304 

Hills,  Miles 379 

Hinman,  R .  W 623 

Hirst,  A.  C 375 

Hobson,  David 486 

Hobson,  T.  W 568 

Hodges,  P.C 332 

Hogg,  H.  C 300 

Holland,  S 644 

HoUenbeck,  B.  W 616 

Holloway,  E.  A 334 

Holsclaw,  M.  T 341 

Holthouse,  E.  H 480 

Hooker,  A.  O   396 

Hornberger,  J.  A .• 233 

Hostetter,  G.  K 478 

Houghton,  S.  0 89 

Hourecan,  John 325 

Howe,  I.  D 386 

Huggins,  A.  G 384 

Hughes,  William  P 107 

Hull,  James  F 243 

Hunter,  A.  B 250 

Hutchinson,  J.  C 326 

Hyland,  M.  H 98 


Ingall,  Sarah  T 585 

Ingleson,  Charles 486 

Ireland,  William  H 482 


Jackson,  A.  J 535 

Jackson,  F.  M 301 

Jarvis,  G.  M 397 

Jefferds,  F.  G 476 

Jenkins,  G.  C 529 

Jewell,  F.  F 283 

Johnson,  Julian 536 

Johnson,  J.  W 490 

Johnson,   Peter 660 

Johnson,  S.  R 242 

Johnston,  John 544 

Jordan,  M.  C ! .  528 

Jordan,  P.  H.,  6c  Co 504 

Josselyn,  J.  H 401 

Judd,  C.  A 403 

Judson,  H.  C 444 


Kammerer,  A 540 

Keesling,  H.  G 383 

Keesling,  T.  B 517 

Keith,  P.   G 641 

Kell,  M.  D 435 

Kelley,  Thomas 648 

Kelly,  J.  H 410 

Kelty,  Thomas. . .' 5S0 

Kennedy,  J.  F 496 

Kenyon,  J.  M 437 


Kerloch,  M 43° 

Kerr,  William  C 6l6 

Kerwin,  Thomas 454 

Kifer,  S.  H 272 

Kimberlin,  J.M 534 

King,  A.  L 594 

Klee,  John 57^ 

Klein,  Norman 399 

Knowles,  F.  W 3«8 

Knowles,  John 292 

Koch.J.  P 579 

Koch,  Valentine 644 

Kooser,  H.  H 40S 

Krahl,  L.  W 461 

Krumb,  Louis 387 

Kundert,  B 628 

Kuns,  H.  L ..  623 

Kunz,  F.  W 359 


Lake,  Albert 394 

Lamar,  J.  B IC30 

Lamolle,  Madam  V.,  &  Co 367 

Langford,  P.  S 305 

Langford,  R.  J 623 

Larson,  Paul 578 

Lasette,  M.  A 247 

Lauck,  George 282 

Laurilliard,  A 627 

Lawrence,  A.  C 479 

Lebrun,  Charles 622 

Leeman,  F.  C 476 

Leeman,  W.  H 476 

Le  Fevre,  William 626 

Leib,  S.  F 93 

Leigh,  Hugh  A  489 

Lendrum,  A 233 

Lendrum,  James 233 

Lendrum,  William  E 648 

Lenzen,  Jacob 363 

Lenzen,  Michael 621 

Lenzen,  Theodore 621 

Leonard,  H.   M 257 

Lester,  Nathan  L 576 

Lester,  William  1 450 

Lewis,  John  F 354 

Lillick,  Henry 574 

Lingley,  W.  L 305 

Linquist,  J.   A 618 

Little,   Horace 348 

Lobdell,    Frank 299 

Logan,  A.  P 270 

Lord,  Hersie  F 406 

Lord,  J.  H 488 

Loryea  Bros 515 

Loupe,  Louis 627 

Love,  C.  W 280 

Lovell,  Ira  J 52: 

Lowe,  James  R 95 

Luke,  N.  G 227 

Lundy,  D.  S 583 

Lupton,  J.  F 441 

Lynch,  George  W 593 

Lynch,  Michael 259 

Lyndon,  James 303 

Lyndon,  J.  W 301 


Macabee,  Edward 327 

Machado,  John 584 

Madonna,  1 344 

Main,  H.  H 104 

Malcom,  James 317 

Malovos,  Andrea 268 

Malpas,  A 586 

Manly,  W.   L 502 

Martin,  John 504 

Martin,  Patrick 491 

Martin,  Z.  H 586 

Marvin,  Charles 355 

Massol,  Fen 655 

Maynard,  Mrs.  H.  G 308 

Maxey,  T.  J 539 

McAfee,  A.  F 283 

McBride,  Mrs.  Georgie 452 

McCabe,  A.  M 395 

McCarley  James  A 382 

McCarley,  William  B 382 

McCarthy,  Joseph 425 

McCarthy,  Martin 629 

McCaughin,  W.  J 344 

MeComas,   Rush 363 

McCubbin,  R 570 

McCurrie,  J.  P 339 

McDonald,  J.  W 298 

McDonald,  Michael 414 

McGuire,  Lyman 619 

McKee,  J.  O 519 

McLaughlin,  E 192 

McLellan,  D.J  596 

McMillan,  J.  G 348 

McMurtry,  William  S 619 

McNeal,  G.  B 308 

McNeil,  A.  B 398 

McPherson,  A.  L 524 

McPherson,  R.  C 164 

McWilliams,  A.  S 413 

Meade,  Mrs.  E.  S   378 

Meads,  John  W 558 

Menzel,  R 580 

Mercier,  Jules 639 

Merithew,  J.  C 633 

Messing,  Henry 494 

Miller,  James 56 

Miller,  J.J 342 

Miller,  S.  B 296 

Miller,  William  C 443 

Millikin,  John 560 

Millikin,  Samuel 561 

Mills,  L.  R 258 

Mitchell,  T.  W 178 

Mockbee,  J.  S 664 

Mocker,  William 630 

Montgomery,  J.  W 323 

Montgomery,  T.  S 253 

Moodie,  R.  C 211 

Moody,  A.  E 390 

Moody,  D.  B 503 

Moore,  P.  C 558 

Morey,  H.  C 328 

Morgan,  John 5^4 

Morrell,  H.  C 599 

Morrow,  Wm.  C 103 

Morse,  C.  C 561 

Moulton,  S.  A 527 

Moultrie,  J.  A 9° 

Murdock,  John 3°9 

Murphy,  Bernard 56 

Murphy,  B.  D 613 

Murphy,    Daniel 56,  639 

Murphy,  Ellen 5^ 

Murphy,  James 55 

Murphy,  John  M 5^ 

Murphy,  William 581 

Myall,  Edward 5^1 


Nace,  John  A 287 

Neben,  E.  T 403 

Newhall,  S 43« 

Nicholson,  A 302 

Nicholson,  George 455 

Nplting,  F 534 

Normandin,  A 4°° 

Northern,  W.  L 602 

Norton,  John  P 45° 

Norwood.J.G 55' 


Oberdeener,  S 285 

O'Brion,  C.  F 350 

Ogier,  James  H 219 

Oldham,  W.  Frank 597 

O'Neil,  Timothy 200 

Osborne,   A.  E 361 

Osborn,  Thos 452 

O'Toole,  Elizabeth 34; 

Otter,  Karl 510 

Ousley,  George  W 381 

Owen,  Charles  P 376 


Page,  G.  W 509 

Palen,  Maria 415 

Park,  M.  C 298 

Parker,  Charles 235 

Parker,  James  S 661 

Parker,  L.  F 416 

Parr,  Charles 237 

Parr,  Edward  N 249 

Parrish,  E.J 319 

Parsons,  M.   E 425 

Patrone,  P 632 

Patterson,  A 448 

Paul,  Sylvanus  S 245 

Pearce,  W.  L 602 

Peard,  J.J 477 

Peck,  Wesley 296 

Pender,  Wm.  R 460 

Penniman,  A.  C 600 

Perkins,  P.   C 603 

Perkins,  Wm.  F 641 

Petersen,  T.  W 401 

Pettit,  E.  T 462 


Pfister,  Adolph 357 

Pfister,  F.  M 99 

Phegley,  J.  F 534 

Phelps,  C.  A 239 

Phelps  Bros 339 

Phippen,  J.  S 347 

Pieper.J.  H 562 

Pierce,  R.  E 368 

Pillot,  John  E 596 

Pinkard,  E.  N 288 

Pitkin,  C.  A 387 

Pittman,  James  M 651 

Place,  Elvert  E 590 

Polak,  Jacob 509 

Polhemus,  Charles  B 357 

Polhemus,  George  B 360 

PoIlard,L.W 555 

Pollard,  W.  D 262 

Pomeroy,  Hiram 474 

Ponce,  J.  P 643 

Porter.D.  J 375 

Potts,  F.  S.,  Jr 594 

Potts,  J.  S 


Price,  Elijah 327 

Pullan,   H 552 

Pyle,  E.  G 604 

Pyle,  Thomas 231 

Quinn,  Wm 346 

Quivey,  James 349 

Randall,  Azro 228 

Raney,  Felix 513 

Ransom,  J.  W 385 

Rea,  Samuel 333 

Rea,  Thomas 336 

Reed,  W.  D 564 

Reinhardt,  H 37 1 

Rengstorflf,  H 417 

Reynolds,  John 88 

Rice,  William 316 

Riddell,  D.  C 393 

Riddell,   Speer 394 

Riehl,  Adam 531 

Righter,  F.  M 407 

Roberts,  George 272 

Roberts,  W.  H 563 

Robinson,  Amos 340 

Rodgers,  J.  C 459 

Rogers,  F.  S 309 

Rose,  Abraham 608 

Ross,  John  E 418 

Ross,  Marcellus 409 

Ross,  N.  L 535 

Ross,  William 416 

Rucker  Bros 604 

Rucker,  J.  E 605 

Rucker,  W.  B 262 

Rutledge,  R.  F 424 

Ryan,  Michael 554 

Ryder,  B.  L 98 

Ryder,  G.  W 667 

Sage,  Lewis  A 377 

Saisset,  P.,  de 662 

Sanders,  S.  P 450 

Sanor,  Michael 449 

Sargent,  J.  P 665 

Saxe,  A.  W 278 

Schallenberger,  Moses 56 

Schemmel,  Henry  L 246 

Scherrebeck,  T.  J 653 

Scherrer,  George 383 

Schiele,  Charles  M 495 

Schilling,  F 646 

Schloss,  Louis 457 

Schnabel,  Ernst 465 

Schneider,  Fred  A 524 

Schoof,  Gerhard 366 

Schroder,  Albert 505 

Schulte,  Bernhart 273 

Scott,   Henry 224 

Scott,  James 556 

Scott,  William 543 

Scott,  Wm.  H 629 

Sears,  A.  E 300 

Sears,  Henry 563 

Seely,  C.  R 240 

Seifert,  George  W 499 

Selby,  J.  S 438 

Senter,  German 279 

Settle,  C.  T 577 

Seybolt,  George  L 423 

Shafter,  F.  R 456 

Shafter,  J.  D 256 

Shannon,  Thos 408 

Shaw,  W.J 240 

Shaw,  Isaiah 598 

Shelly,  William 424 

Shore,  T.  B 445 

Shore,  Wm.  C 304 

Shortridge,  CM 102 

Sinnott,  John 547 

Skinner,  David  E 431 

Skinner,  Morris 446 

Smith,  Bradley 546 

Smith,  C.  C 229 

Smith,  Jacob 6n 

Smith,  W.  L 474 

Snedaker,  H 407 

Snow,  George  W 429 

Snyder,  George  W 411 

Snyder,  Jacob 606 

Snyder,  John 353 

Spaulding,  J.  S 633 

Spence,  A.  A 4^3 

Spence,  D.  J 505 

Spenee,  R.  B 373 

Spencer.F.  E 86 

Spencer,  H.  A 620 

Spencer,  J.  N 642 

Spencer,  Wm.  E 247 

Spitzer,  L.  A 609 

Spring,  T.  W 39, 

Steiger,  Andrew 5  u 

Stierlin,  C.  C 669 

Stewart,  G.  W 457 

Stock,  John 513 

Stockton,  S.  P 538 

Stone,  L.  D 582 

Stonier,  J.  H 224 

Stout,  J.  C 612 

Sullivan,  Michael 242 

Sullivnn,  M.  R 582 

Sullivan,  P.  G 297 

Sund,  Herman 587 

Sutherland,  Wm 542 

Swall,  George 519 

Sweigart,  J 613 

Swope,  Jacob 470 

Swope,  Jacob,  Jr 470 


Taaffe,  M.  J 259 

TaafTe,  W.   F 356 

Tait,  Magnus 320 

Tantau,  F.  W 541 

Tantau,  Matthew 541 

Taylor,  E.   L 327 

Taylor, James 3,5 

Taylor,  S.  P 637 

Templeton,  S 319 

Theuerkauf,   F 540 

Theuerkauf,  Miss  M 520 

Thomas,  Chas.  G 548 

Thomas,  E.M 458 

Thomas,  George  E 548 

Thomas,  Massey 611 

Thomas,   R.  A 543 

Thompson,  J.  F 103 

Tilden,  Mrs.  S.   E 277 

Tillotson,  H 542 

Tisdale,  W.  D 191 

Tomkin,  A.   R 374 

Topham,  Edward 438 

Tourny,  Julius 598 

Towle,  G.  W 284 

Towne,  Peter 643 

Townsend,  J.  H.  M 57 

Townsend,  John 57 

Trautham,  W.  H.  B 108 

Treanor,  Thos 666 

Trefren,  J.  L 343 

Trimble,  John 230 


Umbarger,  David 253 


Vance,  Thomas 370 

Vandegrift,  C.  W 617 

Van  Fleet,  A.  N 289 

Van  Schaick,  H.  D 204 

Varcoe,  James 332 

Vestal,  D.  C 371 

Veuve,  Wm.  P 100 

Vostrovski,  J 391 

Wade,  C.  E 

...   536 


Wade,  E.  H 269 

Waite,  John 351 

Wakefield,  L.  H 596 

Wakelee.C.  H 654 

Walker,  Robert 321 

Wallis,  J.  S 91 

Walters,  Henry 663 

Warburton,  H.   H 241 

Ward,  W.  F 645 

Warden,   B.  A 107 

Warren,  Wm 34S 

Watson,  Daniel  W 421 

Watson,   D.   L 662 

Watson,  Wm.  0 531 

Weber,  C.   M 331 

Wehner,  Ernest 532 

Welburn,  O.  M 340 

Welch,  G  eorge 365 

Welch,  Robert , 429 

Weller,  J.  R 220 

Wenstrom,  John 259 

Wentz,  Christian 308 

Wert,  Frank  A 550 

Wetmore,  J.  A 246 

Whipple,  T.  S 395 

Whitehurst,  J.   S 244 

Whitney,  George 343 

Wilcox,  E.J 597 

Wilcox,  Harvey 324 

Wilcox,   I.  A 329 

Wilder,  A.  E 311 

Wilder,  E.  A 310 

Willett,  Larry 472 

Willey,  Howard 334 

Williams,  C.  W 105 

Williams,  J.  E 261 

Williams,  S.  R 5'5 

Wilson,  Mrs.  E.  A 423 

Wilson,  C.  G 356 

Winsor,  John 549 

Withrow,  A.  A 392 

Wood,  A.  H  480 

Wood,  David 342 

Wood,  Helen  P 415 

Woodhams,  A.  R 428 

Woodhams,  Joseph 428 

Woodrow,  W.  L 265 

Woodruff,  L.  D 460 

Worcester,  H.   B 145 

Worthen,  G.  W 426 

Worthington,  C.  H 549 

Wright,  CD 94 

Wright,  James  R. .    302 

Wright,  William 231 


Yocco,  Edward  C •    5J4 

Young,  C.  W 547 


Zanker,  W 544 

Zuck,  James  C 341 


Angney,  W.  Z 313 

Aram,  Joseph 553 

Balbach,  John 5^9 

Belden,  David Frontispiece 

Bishop,  S.  A 657 

Boring,  S.  W 601 

Boulieu,  Oliver 280 

Boulieu,  Mrs.  Oliver 281 

Breyfogle,  C.  W 191 

Britton,  M 273 

Cash,  A.  B  . .   545 

Childs,  C.  W  338 

Chipman,  L.  J 473 

Crittenden,  Orrin 369 

Cross,  George 537 

Dawson,  J.  M I74 

Eastin,  James  W 649 

Faniey,  Mark 521 

Fox,  B.  S 414 

Goodrich,  L 225 

Graves,  Sylvester 433 

Graves,  Jacob 48 ' 

Hamilton,  J.  A 625 

Headen,  B.  F 249 

Herbert,  W.  B 497 

Johnson,  Peter 505 

Keith,  P.  G 641 

Langford,  P.  S 305 

Lendrum,   James 233 

Leonard,  H.  M 257 

Lupton,  J.  F 441 

Martin,  Patrick 49' 

McCarthy,  Joseph 425 

Murphy,  James 55 

Murphy,  Martin 38 

Ogier,  J.  H 219 

Osborne,  A.  E 361 

Potts,  J.  S 223 

Raney,  Felix 513 

Rengstorff,  Henry 417 

Ross,  Marcellus 409 

Sanor,  M 449 

Sargent,  J.  P 665 

Schloss,  Louis 457 

Scott,  W.  H 629 

Senter,  German 279 

Settle,  C.  T 577 

Snyder,  John 353 

Spaulding,  J.  S 633 

Spitzer,  L.  A 609 

Sullivan,  P.  G 297 

Taylor,  S.  P 46S 

Van  Fleet,  A.  N 289 

Warburton,  H.  H 241 

Wilcox,  L  A 329 

Woodrow,  W.  L 265 


Residence  of  the  Late  David  Belden 84 

Residence  of  Oliver  Boulieu 283 

Residence  of  F.  F.  Britton 273 

Prune  Orchard  of  A.  P.  Chrisman 593 

Santa  Clara  County  Court  House 139 

Fruit-drying    Establishment    of    W.  W. 

Cozzens 617 

Fredericksburg  Brewery •. .   197 

Residence  of  the  Late  B.  F.  Headen,  . . .  249 
Shady  Nook  Home,  Residence  of  Mrs. 

S.  T.Ingall 585 

Glen  Wildwood,  Residence  of  J.  H.  Joss- 

elyn 401 

Residence  and  Orchard  of  H.  A.  Leigh.  489 

Lick  Observatory 126 

Ringwood  Farm,  Residence  of  the  Late 

James  Murphy 56 

Quito    Olive    Farm,    Property   of  E.   E. 

Goodrich 180 

Residence  of  J.  W.  Ransom 385 

Residence  and  Orchard  of  D.  C.  Riddell  393 

San  Jose  Sewerage  Map 160 

Congress  Hall,  L.  A.  Sage  Proprietor...   212 

Fair  View  Farm  of  A.  N.  Van  Fleet 289 

Residence  of  Robert  Walker 321 

Farm  and  Vineyard  of  William  Warren. .   345 

!  JLS  IT  IB  no^yy^. 

BY     HOM.     IDJL^^IID     BE^r^IDKN. 

OF    SAN    FRANCISCO,    JUNE,    iS»!. 


TO  the  visitor  approaching  the  Santa  Clara  Valley, 
each  mile  traversed  ushers  in  some  delightful 
surprise,  introduces  a  new  climate.  If  his  advent  be 
from  the  north,  the  hills  of  scanty  verdure,  which  en- 
circle the  bay,  recede  upon  either  hand  and  assume  a 
softer  contour  and  richer  garb.  The  narrow  road- 
way that  skirts  the  salt  marsh  has  widened  to  a  broad 
and  fertile  valley  that  stretches,  as  far  as  the  eye  can 
reach,  in  luxuriant  fields  of  grass  and  grain.  Border- 
ing this  verdant  plain,  in  lines  and  splendors  all  their 
own,  come  the  hills,  and  into  the  recesses  of  these 
hills  creep  the  little  valleys,  and,  as  they  steal  away  in 
their  festal  robes,  they  whisper  of  beauties  beyond, 
and,  as  yet,  unseen.  In  full  keeping  with  the  trans- 
formed landscape  is  the  change  in  climate.  The 
harsh,  chili  winds  that  pour  in  through  the  Golden 
Gate  and  sweep  over  the  peninsula,  have  abated 
their  rough  vigor  as  they  spread  over  the  valley,  and, 
softened  as  they  mingle  with  the  currents  from  the 
south,  meet  as  a  zephyr  in  the  widening  plain. 

If  the  approach  be  from  the  south,  the  traveler, 
wearied  with  the  desert  and  its  hot,  dry  airs,  is  conscious 
of  a  sudden  change.  The  sterile  desert  has  become  a 
fruitful  plain,  and  the  air  that  comes  as  balm  to  the 
parched  lungs  is  cool  and  soft  and  moist  with  the 
tempered  breath  of  the  sea.  Upon  every  hand  and 
to  every  sense  there  is  a  transformation  that  would 
scarce  be  looked  for  outside  Arabian  romance.  If  it  | 

be  springer  early  summer,  miles  upon  miles  stretches 
the  verdant  plain  ;  over  it  troops  sunshine  and  shadow ; 
across  it  ripple  the  waves.  Summer  but  changes  the 
hue  and  heaps  the  plain  with  abundant  harvests,  while 
the  first  rains  bring  again  the  verdure  and  the  beauty 
of  spring. 

"An  ocean  of  beauty!"  exclaims  the  charmed  be- 
holder. Nor  is  this  comparison  to  the  sea  altogether 
an  idle  fancy.  At  a  period  geologically  recent,  the 
Sierra  Nevadas  and  the  Coast  Ranges  of  mountains 
inclosed  a  basin  about  four  hundred  and  fifty  miles 
in  length  by  about  forty  in  width,  comprising  the 
present  valleys  of  the  Sacramento  and  San  Joaquin 
Rivers.  During  the  same  period  the  region  east  of 
the  Sierras,  now  embraced  in  the  State  of  Nevada, 
and  the  Territories  of  Utah  and  Arizona,  was  an  in- 
land sea  connected  with  the  Pacific  by  straits  and 

The  evaporation  from  this  body  of  water  affected 
materially  the  climate  of  the  adjacent  regions.  Low- 
ering, as  it  must  have  done,  the  general  temper- 
ature and  increasing  the  humidity,  it  induced  pre- 
cipitation from  the  saturated  winds  of  the  Pacific, 
while  from  its  own  evaporation  it  added  materially  to 
the  rainfall  it  thus  invited.  From  these  causes,  the 
precipitation  of  that  period,  both  as  to  volume  and 
duration,  must  have  been  greatly  in  excess  of  the 
present,  and  vegetation  must  have  been  correspond- 



ingly  more  luxuriant.  From  the  slopes  of  the  mount- 
ain ranges  the  waters  flowed  southerly  in  a  majestic 
stream,  forming  broad  lakes  as  the  basin  widened,  a 
river  where  the  narrowing  valley  restricted  its  borders, 
until,  passing  through  the  bay  of  San  Francisco,  and 
the  present  valleys  of  Santa  Clara  and  Pajaro,  it  found 
an  outlet  in  Monterey  Bay. 

In  the  era  that  measured  the  existence  of  this 
ancient  river,  it  had  borne  in  its  turbid  waters  the 
disintegrations  of  the  regions  it  traversed,  and,  in  the 
ooze  and  slime  of  the  lakes  that  intercepted  its  course 
and  stilled  its  current,  was  the  decaying  mold  of  gen- 
erations of  forests  that  had  flourished  on  its  banks. 
At  a  later  geological  period — probably  the  Quaternary 
— there  was  an  upheaval  of  the  southern  part  of  this 
basin,  its  axis  probably  being  near  the  present  course 
of  the  Salinas  River.  With  this  rise  came  a  depres- 
sion in  the  bay  of  San  Francisco.  The  drainage  was 
now  to  the  north.  The  Coast  Range  was  broken 
through  at  the  Golden  Gate,  and  the  waters  of  the 
great  basin  found  there  their  outlet  to  the  sea;  while 
the  former  lakes,  uplifted  and  drained,  were  trans- 
formed into  fertile  plains.  During  the  same  period, 
the  sea  that  lay  to  the  east  of  the  Sierras  was  cut  off" 
from  the  Pacific.  The  evaporation  of  this  now  land- 
locked basin  was  in  excess  of  the  rainfall,  and  gradu- 
ally these  waters  receded  until,  to-day.  Salt  Lake  is 
the  remnant  of  that  inter-ocean  which  once  extended 
through  thirty  degrees  of  latitude  and  from  the  Rocky 
Mountains  to  the  Sierras. 

This,  the  recent  history  of  these  regions,  the  geologi- 
cal records  upon  every  hand  fully  attest — here  by  beds 
of  water-worn  pebbles,  by  strata  of  clay  (always  the 
deposit  of  quiet  waters)  that  underlie  the  whole  valley, 
by  the  trunks  of  trees  that  the  drill  of  the  well-borer 
discovers  hundreds  of  feet  beneath  the  surface,  and 
by  the  vast  deposit  of  vegetable  mold  that  forms 
everywhere  the  surface  soil  of  the  valley;  while  to  the 
east,  mountains  of  marine  shells  and  fossils,  vast  beds 
of  salt,  beach  lines  upon  the  slopes  of  the  mountains, 
attest  the  existence  of  the  sea  that  left  these  proofs 
of  its  presence  and  wrote  with  its  fretful  waves  the 
story  of  its  long  companionship  upon  these  rugged 
cliffs,  and  then  shrank  from  them  forever. 

With  the  subsidence  of  this  sea,  there  came  that 
change  in  climate  which  now  characterizes  this  coast. 
The  vapors  from  the  Pacific  were  now  absorbed  by  the 
dry  air  of  this  region,  and  the  precipitation  which  the 
sea  had  promoted,  the  desert  now  prevented.  The 
classification  of  these  seasons  as  wet  and  dry  often 
misleads — for  while  the  latter  is  all  that  the  term  im- 

plies, the  rainy  season  has  as  much  of  sunshine  as  of 
storm,  as  the  records  abundantly  show.  A  brief 
epitome  of  these  seasons  and  the  attendant  phenom- 
ena will  be  given: — 

Beginning  with  the  month  of  October,  the  signs 
of  a  coming  change  are  apparent.  The  winds,  no 
longer  constant  from  one  quarter,  become  variable 
both  as  to  direction  and  force,  or  wholly  cease. 
Sudden  blasts  raise  miniature  whirlwinds  of  dust  and 
leaves,  which  troop  over  the  fields,  and  the  stillness 
of  the  night  is  broken  by  fitful  gusts  and  the  sudden 
wail  of  the  trees  as  the  breath  of  the  coming  winter 
sweeps  through  them.  These  are  the  recognized 
precursors  of  the  season's  change,  and  are  usually 
followed,  in  the  first  ten  days  of  October,  by  an  inch 
or  more  of  rain ;  and  this,  usually,  by  weeks  of  the 
finest  weather.  The  effect  of  these  first  rains  is 
magical.  The  dust  is  washed  from  the  foliage  and 
is  laid  in  the  roads  and  fields.  The  air  has  a  fresh 
sparkle  and  life.  The  skies  are  a  deeper  azure,  and 
the  soft  brown  hills  seem  nearer  and  fairer  than  be- 
fore. It  is  the  Indian  summer  of  the  East;  but,  instead 
of  the  soft  lassitude  of  the  dying  year,  here  it  comes 
with  all  the  freshness  and  vigor  of  the  new-born  spring. 

If,  in  this  and  the  succeeding  months,  there  are 
further  showers,  the  grass  springs  up  on  every  hand, 
and  the  self-sown  grain  in  all  the  fields.  The  hills 
change  their  sober  russet  for  a  lively  green.  Wild 
flowers  appear  in  every  sheltered  nook.  Hyacinths 
and  crocuses  bloom  in  the  gardens,  and  the  perfume 
of  the  violet  is  everywhere  in  the  air.  In  the  latter 
part  of  November  the  rainy  season  is  fully  established. 
A  coming  storm  is  now  heralded  by  a  strong,  steady 
wind,  blowing  for  a  day  or  two  from  the  southeast, 
usually  followed  by  several  days  of  rain,  and  these 
succeeded  by  days  or  weeks  without  a  cloud — and 
thus,  alternating  between  occasional  storms  and  fre- 
quent sunshine,  is  the  weather  from  October  to  April 
— the  rainy  season  of  California.  The  amount  of  rain 
that  falls  varies  materially  with  the  locality.  In  San 
Jose  it  is  from  fifteen  to  twenty  inches,  while,  in  places 
not  ten  miles  distant,  twice  that  amount  is  recorded. 
During  this  period  there  are  from  thirty  to  forty  days 
on  which  more  or  less  rain  falls;  from  fifty  to  seventy 
that  are  cloudy;  the  rest,  bright  and  pleasant.  These 
estimates  will  vary  with  particular  seasons;  but,  tak- 
ing the  average  of  a  series  of  years,  it  will  be  found 
that  from  October  to  April  one-half  the  days  are 
cloudless,  and  fully  three-fourths  such  that  any  out- 
door vocation  can  be  carried  on  without  discomfort 
or  inconvenience. 



Cyclones  and  wind-storms  are  wholly  unknown, 
and  thunder  is  only  heard  at  rare  intervals,  and  then 
as  a  low  rumble  forty  miles  away  in  the  mountains. 
With  the  month  of  March  the  rains  are  practically 
over,  though  showers  are  expected  and  hoped  for  in 
April.  Between  the  first  and  tenth  of  May  there 
usually  falls  from  a  half  to  three-fourths  of  an  inch  of 
rain.  Coming  as  this  does  in  the  hay  harvest,  it  is 
neither  beneficial  nor  welcome.  By  the  first  of  July 
the  surface  moisture  is  taken  up  and  dissipated,  and 
growth  dependent  upon  this  ceases.  The  grasses 
have  ripened  their  seed,  and,  self-cured  and  dry,  are 
the  nutritious  food  of  cattle  and  sheep.  The  fields 
of  grain  are  yellow  and  ripe  and  wait  but  the  reaper. 
Forest  trees  and  shrubs  have  paused  in  their  growth. 
This,  to  the  vegetable  world,  is  the  season  of  rest. 

This  is  the  winter  of  the  Santa  Clara  Valley — winter, 
but  strangely  unlike  winter  elsewhere,  for  here  man 
"has  interposed.  Here,  by  art  and  by  labor,  he  has 
reversed  the  processes  of  nature  and  constrained  the 
course  of  the  seasons.  In  gardens,  bright  with  foliage 
and  resplendent  with  flowers,  there  is  spring  in  its 
freshness  and  beauty;  while  in  orchards  teeming  with 
fruits,  and  vineyards  purple  with  ripening  grapes, 
summer  and  autumn  vie  for  the  supremacy.  And 
so,  with  changing  beauty  and  ceaseless  fruition,  pass 
the  seasons  of  this  favored  clime.  If  in  these  seasons, 
the  resident  or  the  visitor  finds  but  one  succession  of 
enjoyments,  to  the  farmer  and  fruit  grower  they  are 
of  the  utmost  practical  importance  as  well  as  con- 
venience. Those  months  that  in  the  East  preclude 
all  farming  operations,  are  here  the  season  of  most 
active  industry  and  preparation.  With  the  rains  of 
November  plowing  and  seeding  begin  and  continue 
with  but  little  interruption  to  the  first  of  March.  If 
the  rains  are  continued  too  late  in  the  spring,  the  later- 
sown  fields  are  usually  cleaner  crops  and  of  superior 
quality,  while  without  these  later  rains,  the  earlier- 
sown  is  likely  to  be  most  successful.  It  is  in  the 
harvesting,  however,  that  the  advantages  are  most 
apparent — an  advantage  hardly  understood  elsewhere 
an  I  scarcely  appreciated  here. 

Here  the  favored  farmer  gathers  his  matured 
crop  with  no  possibility  of  rain  interfering,  and  with 
no  thought  of  the  storms  that  elsewhere  make  this  a 
season  of  severest  toil  and  constant  anxiety.  His 
hay,  as  he  cuts  it,  falls  upon  soil  as  dry  as  is  the  air 
above  it,  and  is  cured  without  further  handling  or 
labor  than  to  collect  it  in  cocks  or  stacks.  The  grain, 
matured  and  dry,  waits  without  waste  or  detriment 
for  weeks  or  months  for  the  reaper,  and  in  October, 

and  often  far  into  November,  the  hay  presses  and 
threshers  may  be  seen  busy  with  the  hay  and  grain 
that  has  remained  in  cocks  or  stacks  for  the  past  five 

For  the  fruit  grower,  these  seasons  are  even  more 
favorable  than  to  the  farmer.  To  the  visitor,  the 
thousands  of  acres  of  orchard  and  vineyard  without 
a  weed  or  a  blade  of  grass  to  be  seen,  would  rep- 
resent an  apparent  amount  of  labor  and  culture  abso- 
lutely appalling — and  so  it  would  be — not  merely 
appalling,  but  quite  impossible  under  the  climatic  con- 
ditions of  other  regions.  In  sections  where  frequent 
rains,  constant  humidity,  come  with  the  summer,  the 
seeds  of  every  form  of  weeds  ripen  with  every  week 
of  sunshine  and  germinate  with  every  shower.  The 
surface  moisture  usually  favors  their  continued  growth 
and  development,  and  the  only  possible  conditions  for 
successful  tillage  are  those  of  constant  warfare  with 
weeds.  Here  the  seeds  near  the  surface  germinate 
with  the  winter  rains  and  are  turned  under  and  de- 
stroyed with  the  first  plowing.  The  surface  dries  to 
a  depth  of  three  or  four  inches  at  the  commencement 
of  summer  and  so  remains  through  the  whole  season. 
In  this  dry  soil  it  is  impossible  for  seeds  to  germinate 
or  plants  to  live.  Anyone  who  has  ever  attempted 
to  start  seeds  in  the  summer  knows  how  indispensable 
is  constant  moisture,  and  will  readily  understand  how 
effectively  this  feature  of  the  climate  co-operates  with 
the  cultivator  and  preserves  to  trees  and  vines  all  of 
the  moisture  and  nutrition  that  the  soil  contains. 

The  Californians'  estimate  of  the  climate  of  their 
State  has  been  the  theme  of  much  facetious  comment. 
In  view  of  the  fact  that  elsewhere  those  who  are  able, 
spend  half  the  year  on  the  St.  Lawrence  or  the  coast 
of  Maine,  to  escape  the  heat  of  summer,  and  the  other 
half  in  Cuba,  Florida,  or  on  the  shores  of  the  Medi- 
terranean, to  avoid  the  rigors  of  winter;  that,  in  fact, 
most  of  their  lives  are  migrations  in  search  of  climate 
— the  residents  of  this  State  may  accept  with  equa- 
nimity the  badinage  of  these  birds  of  passage,  and 
may  well  felicitate  themselves  upon  those  conditions 
that  bring  to  their  very  door  the  summer  of  the 
Thousand  Isles  and  the  winter  of  the  Antilles.  That 
this  is  not  an  exaggeration  is  easily  shown.  Ther- 
mometrical  records,  however  accurately  kept,  are  quite 
apt  to  mislead  those  who  seek  to  deduce  from  them 
practical  results. 

There  are  many  important  conditions  not  ex- 
pressed in  these  observations.  It  is  well  understood 
that  from  the  dryness  of  the  air,  forty  degrees  below 
zero  is  more  tolerable  in  Dakota  than  thirty  degrees 



higher  in  the  humid  air  of  the  Atlantic  seaboard  ;  and, 
lor  the  same  reason,  and  almost  in  the  same  ratio,  as 
to  heat.  It  would  be  but  little  consolation  to  a  person 
to  know  that,  some  thousands  of  miles  away,  the 
temperature  from  which  he  was  suffering  would  be 
quite  endurable.  So  as  to  averages  which  usually 
form  a  conspicuous  feature  of  these  records.  It  is 
not  from  the  averages,  but  from  the  extremes,  that 
men  suffer  and  vegetation  dies.  Nor  do  even  the  ex- 
tremes represent  the  effect — their  continuance  is  im- 
portant, A  plant  often  survives  a  severe  frost  and 
then  succumbs  to  a  much  lighter  repetition,  and  a 
degree  of  heat  that  may  be  endured  for  a  day,  be- 
comes intolerable  when  continued  for  several.  In 
view  of  these  well-recognized  facts,  I  propose  to 
present  the  question  of  temperature  as  shown  by 
effects  which  are  readily  appreciated  by  all,  rather 
than  by  compilations  of  figures  thus  liable  to  mislead. 
The  rains  of  October  are  usually  followed  by  frosts, 
sufficiently  sharp,  in  the  lowlands  of  the  valley,  to  kill 
the  more  delicate  plants.  During  the  months  of  De- 
cember, January,  and  February  these  frosts  are  more 
frequent  and  severe.  Every  variety  of  grapes,  figs, 
olives — in  short,  all  the  semi-tropic  plants — remain 
unaffected  by  the  frosts.  Callas,  fuchsias,  geraniums, 
and  heliotropes,  when  grown  by  the  wall  of  a  house, 
in  the  shade  of  an  evergreen,  or  given  the  slightest 
covering,  flourish  and  bloom  through  any  winter,  and, 
in  many  seasons,  do  so  without  any  protection  what- 


Every  known  variety  of  rose  flourishes  without  the 
least  protection,  and  not  only  do  they  retain  their 
leaves,  but  there  is  not  a  day  in  the  winter  when 
blossoms,  hardly  inferior  to  those  of  June,  cannot  be 
gathered  in  the  open  grounds  of  any  garden.  The 
lemon  verbena  shrub  here  attains  a  height  of  from 
ten  to  twenty  feet,  with  a  trunk  from  two  to  ten  inches 
in  diameter.  Bees  increase  their  stores  during  the 
rainy  season,  and  every  clear  day  humming-birds 
and  butterflies  appear  in  the  gardens. 

For  personal  comfort,  fires  are  usually  started  in 
the  morning,  die  down  toward  noon,  and  are  rekindled 
for  the  evening.  As  little  fire  as  can  be  kept  burn- 
ing, usually  suffices  for  comfort.  There  are  days, 
stormy,  damp,  or  cold,  when  more  fire  is  required. 
Such  days  are  the  exception,  however,  and  the  rule  is 
as  stated. 

Within  the  last  twenty  years  snow  has  fallen  in  San 
Jose  on  three  occasions.  In  no  instance  was  it  over 
three  inches  in  depth.     It  disappeared  before  night- 

fall of  the  day  on  which  it  fell,  and  its  presence  trans- 
formed the  usually  staid  city  into  a  snow-balling 
carnival.  In  the  dry  season,  beginning  with  April, 
the  mornings  are  clear,  calm,  and  not  unpleasantly 
warm.  About  noon,  a  brisk  breeze  from  the  bay 
blows  down  the  valley.  This,  harsh  as  it  sweeps  in 
through  the  Golden  Gate,  is  soft  and  mild  here.  It 
goes  down  with  the  sun,  and  the  night  tliat  follows  is 
calm  and  cool.  A  high,  light  fog  sometimes  hangs 
over  the  valley  in  the  morning,  but  disappears  by 
eight  or  nine  o'clock.  During  the  summer  montiis, 
three  or  four  heated  terms  may  be  expected.  These 
are  usually  in  periods  of  three  days,  and  the  ther- 
mometer indicates  from  ninety  degrees  to  ninety-five 
degrees  Fahrenheit.  Upon  the  morning  of  the 
fourth  day  a  fog  generally  appears,  a  cool  breeze 
springs  up,  and  the  former  temperature  is  restored 
and  maintained  for  weeks  before  another  heated  term. 
As  these  periods  are  the  extreme  of  the  season,  somC 
indicia  will  be  given  by  which  they  may  be  under- 
stood and  estimated.  Through  a  part  of  these  days, 
exposure  to  the  sun  is  disagreeably  hot,  but  not 
dangerously  so.  Under  the  shade  of  a  tree  or  in  the 
shelter  of  a  well-constructed  house,  it  is  perfectly  com- 
fortable. The  evenings  that  follow  are  so  cool  that 
persons  rarely  sit  upon  the  porches  of  their  houses,  and 
a  pair  of  blankets  is  required  for  comfort  while 

Summarizing,  it  may  be  said  that,  in  any  part  of  the 
year,  days  too  hot  or  too  cold  for  the  comfort  of  those 
engaged  in  ordinary  outdoor  vocations  are  rare,  and 
that  a  night  uncomfortably  warm  is  absolutely  un- 
known. It  may  be  added  that  the  fears  and  fore- 
bodings with  which  the  seasons  are  elsewhere  greeted, 
are  here  unheard  of;  coming  with  no  rigors,  they 
bring  no  terrors,  and  are  alike  welcomed  by  all,  not 
as  a  relief  but  as  a  change.  In  these  conditions, 
health  and  personal  comfort  are  largely  subserved, 
and  also  in  them  the  horticultural  possibilities,  of 
which  we  are  to-day  but  upon  the  threshold,  are 
assured ;  and  these,  the  elements  of  present  and  of 
prospective  prosperity,  are  as  constant  as  the  ocean 
currents  in  which  they  have  their  origin,  as  perma- 
nent as  the  mountain  ranges  which  bound  the  field 
of  their  exhibition. 

The  county  of  Santa  Clara  has  an  area  of  rather 
more  than  a  million  of  acres.  Of  this,  about  two 
hundred  and  fifty  thousand  acres  is  valley — the  an- 
cient lake  bed,  or  the  alluvial  deposits  of  existing 
streams — three  hundred  thousand  acres  is  rolling  hills 
and    mountain    slopes,   well    adapted    to    fruit;     the 


residue  valuable,  principally  for  pasturage.  While 
the  general  contour  presented  by  the  valley  is  that  of 
a  level  plain,  it  is,  in  fact,  a  series  of  gentle  undu- 
lations, with  marked  variations  in  the  quality  of  the 
soil.  In  what  is  now,  or  has  recently  been,  the  lower 
portions  of  this  plain,  the  soil  is  a  black,  tenacious 
clay,  known  as  "adobe."  It  is  very  fertile  and  pro- 
ductive, but  requires  much  care  as  to  the  time  and 
manner  of  cultivating  it,  and  is  well  adapted  to  hay 
and  grain.  The  higher  lands  of  the  valley  are  a 
light,  loamy,  and  sometimes  gravelly  soil.  This  is 
easily  cultivated  and  is  well  adapted  to  all  the  cereals 
and  to  most  varieties  of  fruit.  In  the  vicinity  of  the 
bay  there  are  many  thousands  of  acres  of  salt  m.arsh. 
No  effort  worthy  the  name  has  been  made  to  reclaim 
them,  though  the  task  would  seem  a  not  difficult  one. 
It  is  safe  to  predict  that  at  no  distant  day  these  lands 
will  be  reclaimed  and  among  the  most  productive 
and  valuable  in  the  county. 

The  "warm  belt"  is  a  tract  upon  the  slopes  of  the 
hills  that  environ  the  valley.  It  has  an  altitude  of 
from  two  hundred  to  eight  hundred  feet.  It  is  gen- 
erally, and  in  some  localities  wholly,  free  from  frost. 
In  this  belt,  to  the  east  of  Milpitas,  potatoes,  peas, 
etc.,  are  grown  in  the  open  air  through  the  whole 
winter,  for  the  San  Francisco  market.  Upon  the  Los 
Gatos  and  Guadalupe  Rivers  are  some  hundreds  of 
acres,  formerly  dense  willow  thickets,  but  now  in  the 
highest  state  of  cultivation.  These  lands  are  regarded 
as  the  most  desirable  in  the  valley.  The  soil  is  a 
sedimentary  deposit,  easily  cultivated,  requiring  but 
little  irrigation,  and  producing  every  variety  of  fruit 
and  vegetable.  Thirty  miles  south  of  San  Jose  is  the 
town  of  Gilroy.  The  soil  of  the  valley  is  here  fertile 
and  productive.  Over  a  considerable  portion,  the 
subterranean  moisture  maintains  the  growing  pastures 
throughout  the  year,  and  some  of  the  most  successful 
dairies  in  the  State  are  here  established.  The  more 
elevated  parts  of  the  valley  and  the  slopes  of  the  hills 
are  well  adapted  to  fruits  and  vines.  The  summers  of 
Gilroy  are  warmer  and  drier  than  in  San  Jose.  The 
cool  winds  from  the  bay  are  materially  softened  as 
they  sweep  down  the  valley,  and  the  differences  of 
temperature  between  the  day  and  night  are  not  so 
marked.  The  air  is  mild  and  balmy,  and  the  nights 
agreeably  cool  and  pleasant. 

The  water  courses  within  the  county  greatly  di- 
minish, when  they  do  not  wholly  disappear,  in  the  sum- 
mer. Sinking,  as  they  approach  the  valley,  they 
augment  the  subterranean  resources  which  supply  the 
artesian  wells.     These  are  found  all  over  the  valley. 

They  are  usually  from  sixty  to  one  hundred  feet  in 
depth,  though  some  find  a  larger  and  more  permanent 
supply  at  a  much  greater  depth.  The  water  is  raised 
by  windmills  into  tanks,  and  is  ample  for  household 
and  gardening  purposes.  About  Alviso  and  near  the 
bay,  hundreds  of  acres  of  strawberries  and  of  vege- 
table gardens  are  irrigated  from  these  wells,  and  the 
water  rises  to  the  surface  with  such  force  that  the 
mo-t  massive  appliances  arc  required  to  restrain  the 

Of  the  varied  productions  of  this  valley  it  is  difficult 
to  speak  in  terms  which  shall  not  savor  of  exagger- 
ation. The  question  is  no  longer  what  can,  but  what 
cannot,  be  successfully  produced.  With  the  early 
settlers  cattle  were  the  staple,  and  of  the  vast  herds 
which  roamed  over  the  country,  little  more  than  the 
hides  and  tallow  were  utilized.  The  cereals,  it  was 
supposed,  could  only  be  grown  in  the  summer,  and 
where  irrigation  was  afforded.  The  gold  discovery 
changed  all  this.  It  furnished  not  only  a  market  for 
the  cattle,  but,  soon  after,  it  was  ascertained  that  the 
rainy  months  were  the  season  of  growth,  and  that 
wheat  sown  with  the  early  rains  matured  enormous 
crops  of  the  finest  quality.  The  success  which  at- 
tended this  last  industry  relegated  the  cattle  interest 
to  the  extensive  and  less  valuable  ranges  eastward, 
while  the  prodigal  quantity  and  superior  quality  of 
the  wheat  produced  enabled  it,  not  only  to  success- 
fully compete  with  all  rivals  in  the  markets  of  the 
world,  but  to  fix  for  years  the  price  of  the  bread  of 
a  hundred  millions  of  people.  As  the  herdsman  had 
given  way  to  the  tiller  of  the  soil,  .so  the  latter,  and 
for  the  same  reason,  has  made  way  for  a  more  profit- 
able industry — the  growing  of  fruits.  That  this  has 
not  long  since  supplanted  all  other  industries  was  not 
from  any  doubt  as  to  production  or  quality,  but  simply 
as  to  transportation.  This  problem  satisfactorily 
solved,  and  the  fruit  growers  of  this  valley  can  have  no 
successful  rivals. 

To-day,  with  this  industry  comparatively  new,  its 
means  of  transportation  a  monopoly,  its  markets  but 
recently  found,  and  its  methods  of  reaching  these 
markets  an  experiment — with  all  these  to  contend 
against,  the  fruits  of  this  valley  are  as  well  known 
and  highly  esteemed  in  the  markets  of  the  East  and 
of  the  world  as  are  those  of  Sicily,  Asia  Minor,  and 
the  Adriatic — where  ages  have  been  given  to  the  in- 
dustry, where  skilled  labor  is  at  the  very  lowest  stage 
of  compensation — and  the  ocean  is  the  easy  pathway 
to  a  world  of  consumers.  The  capacity  of  this  valley 
in  this  direction  is  no  new  discovery.     It  is  as  old  as 



its  settlement.  A  hundred  years  ago  the  Mission 
Fathers  introduced  the  grape  which  still  bears  their 
name  and  perpetuates  their  memory;  and  orchards  of 
pear  and  olive,  coeval  with  these  vineyards,  still  bear 
abundantly,  and  attest  alike  the  capacity  of  the  re- 
gion and  thejudgment  and  forethought  of  those  who 
thus  demonstrated  it,  while  the  older  records  make 
frequent  mention  of  planting  and  vintage,  the  fruits 
and  the  harvests  of  those  ancient  days.  But  neither 
record  nor  relics  is  needed  to  show  the  varied  capacity 
of  this  region.  The  valley,  upon  every  hand,  is  to-day 
exhibiting  it.  By  the  side  of  his  fields  sown  to  grain 
or  in  grass,  the  farmer  plants  an  orchard  or  a  vine- 
yard ;  between  the  rows  of  trees  or  of  vines  he  tills 
and  plants  as  before,  and  gathers  full  harvests  of  roots, 
etc.,  while  waiting  the  fruition  of  his  trees.  His  labors 
alternate  between  his  fields  of  grain  and  of  vines,  and 
his  teams  are  to-day  transporting  from  his  farm  tons 
of  hay  for  the  market,  and  tons  of  grapes  for  the 

Nature,  in  everything  prodigal,  is  in  nothing  invidi- 
ous, and  were  the  fruit  production  to  absolutely  cease, 
the  valley  would  remain  one  of  the  richest  agri- 
cultural regions  of  the  globe.  I  have  referred  to  the 
wheat  production,  still  successfully  continued,  except 
where  supplanted  by  some  more  profitable  product. 
Its  hay  crop  is  to-day  the  principal  supply  of  the  San 
Francisco  market.  In  the  vicinity  of  Santa  Clara  are 
fields  of  corn  that  never  felt  rain  nor  knew  irrigation, 
and  that  will  compare  favorably  with  the  crops  of  the 
valley  of  the  Mississippi,  while,  besides  this,  whole 
farms  are  growing  garden  seeds,  which  have  long 
commanded  the  highest  prices  in  the  Eastern  markets. 
Extensive  hop  yards  were  established,  and  the  vines 
grew  and  bore  luxuriantly,  and  only  the  high  price  of 
labor  prevented  their  being  to-day  a  staple  of  the 
valley.  Near  Gilroy  some  of  the  most  successful  as 
well  as  extensive  dairies  in  the  State  are  established, 
while  in  the  Santa  Cruz  Mountains,  upon  the  west, 
petroleum  is  found,  and  its  further  development  prose- 
cuted with  every  prospect  of  success.  Of  the  fruit 
product  of  this  county  it  is  impossible  to  speak  accu- 
rately— difficult  to  speak  instructively.  At  the  pres- 
ent writing,  enormous  canneries,  employing  thousands 
of  laborers,  are  running  night  and  day.  Drying  ap- 
paratuses on  every  hand,  and  in  almost  every  field, 
are  employed,  while,  in  every  direction,  acres  upon 
acres  are  covered  with  bags  of  fruit  preserved  by 
drying  in  the  sun — every  resource  of  labor  or  of 
mechanism  is  tasked  to  the  utmost,  and  even  the  school 

vacation    is    extended  that  the  children  may  aid  to 
preserve  the  enormous  crop. 

The  orchards  in  bearing  are  generally  increasing  in 
their  yield  and  will  continue  so  to  do  for  many  years, 
while  extensive  areas  are  coming  into  bearing  and  the 
planting  of  new  orchards  and  vineyards  is  constantly 
going  on.  In  fact,  the  system  of  summer  culture 
which  renders  irrigation  unnecessary,  makes  all  the 
arable  land  in  the  county  available  for  fruit.  In  view 
of  these  facts,  estimates  would  be  but  the  merest  con- 
jecture. One  thing  may  be  said — that  all  the  fruits 
of  the  temperate  zone,  and  most  of  the  semi-tropical 
fruits,  are  now  grown  in  the  greatest  perfection  and  in 
quantities  which  tax  to  the  utmost  the  resources  and 
labor  attainable  to  gather  and  preserve  them.  Orange 
trees  have  been  grown  for  many  years  in  this  county 
(in  San  Jose  more  for  ornament  than  for  fruit),  gener- 
ally seedlings,  and  with  no  care  as  to  either  selection 
or  culture.  In  the  vicinity  of  San  Jose  considerable 
groves  have  been  growing  for  twenty  years,  produc- 
ing abundant  crops  of  well-flavored  fruit.  The  citrus 
fairs  held  last  year  (1887)  in  San  Jose  and  other 
places,  showed  the  very  extensive  sections  where  these 
fruits  were  being  successfully  grown ;  and  this,  with 
the  stimulus  of  a  market,  has  induced  the  planting 
of  orange  trees  throughout  the  warm  belt  of  this 
county.  That  these  trees  will  grow,  and  luxuriantly, 
and  that  they  are  not  affected  by  the  frost,  is  estab- 
lished ;  and  that  certain  varieties  will  mature  excel- 
lent fruit,  is  certain.  If,  however,  it  shall  be  found 
wanting  in  the  flavor  or  qualities  of  the  oranges  of 
Tahiti  or  Florida,  it  is  because  it  does  not  have  the 
long  hot  season — the  burning  days  and  sweltering 
nights — of  those  countries.  I  question  whether  it 
would  be  desirable  to  accept  that  climate,  though 
with  it  we  could  secure  this  single  production. 

The  great  and  increasing  extent  of  the  fruit  pro- 
duction, the  fact  that  over  much  of  the  State  it  is 
being  prosecuted  with  energy,  suggests  the  frequent 
inquiry,  "Where  is  the  future  market  for  all  this  to 
be  found?  This  is  the  inquiry  that,  at  some  stage  of 
development,  confronts  every  form  of  industrial  enter- 
prise, whether  the  product  of  the  soil  or  the  result  of 
manufacture.  The  subject  is  too  extensive  and  too 
intricate  to  here  receive  but  the  briefest  consideration. 
The  fruit  product  of  this  State  is  the  result  of  special 
climatic  conditions  existing  within  restricted  limits. 
Unlike  manufactures,  this  form  of  production  cannot 



be  extended  by  either  art  or  enterprise.  Upon  the 
other  hand,  the  consumers  will  be  found  wherever 
any  industry  can  be  maintained,  or  men  can  exist. 
If,  then,  fruit  production  shall  increase  in  geometrical 
ratio,  nature  has  fixed  the  limits  within  which  this 
progression  must  cease,  while  no  such  bounds  exist  to 
the  range  of  consumption. 

Farther  than  this,  experience  and  invention  are 
constantly  diminishing  the  cost  of  production  and 
thus  enlarging  the  class  of  consumers.  If  wheat  and 
wool,  staples  of  the  world,  and  everywhere  grown,  are 
rarely  found  in  excess  of  profitable  production,  it  may 
fairly  be  assumed  that  these  special  products  of  Cali- 
fornia, thus  limited  to  an  area  and  restricted  as  to 
conditions,  will  be  always  a  profitable  industry.  The 
question,  however  important,  is  at  present  but  one  of 
speculation,  and  time  alone  can  give  the  full  solution. 
Dependent  as  this  region  is  upon  the  regular  rains  of 
winter,  the  knowledge  that  these  sometimes  fail  makes 
the  subject  of  rainfall  one  of  much  anxious  consider- 
ation. There  is  a  theory  that  the  seasons  move  in 
cycles  of  twelve  years,  passing,  by  regular  gradation, 
from  a  maximum  to  a  minimum  rainfall  in  that  period 
and  culminating  in  a  season  of  floods  and  of  drought 
at  the  other.  The  observations  of  the  last  few  years 
do  not  fully  support  this  theory  of  gradual  transition, 
although  records  extending  back  to  the  year  1805 
seem  to  indicate  that  the  twelfth  year  is  deficient  in 
rain.  Should  these  dry  years  recur  in  the  future,  the 
disastrous  and  destructive  consequences  of  the  past 
are  not  likely  to  follow.  The  industry  of  the  State 
was  then  cattle  raising  and  the  country  was  stocked 
to  its  fullest  capacity.  With  a  drought  the  short-lived 
natural  grasses  failed;  the  water  courses  dried  up,  and, 
as  no  provision  had  been  made  for  supplying  either, 
the  cattle  perished  by  thousands. 

At  present,  the  land  is  more  profitably  utilized  in 
other  pursuits,  and  cattle  are  comparatively  few,  and  for 
these,  some  provision  can  be  made.  Trees  and  vines, 
though  their  product  may  be  diminished,  are  not  de- 
stroyed by  a  drought,  however  severe.  Large  areas 
of  irrigated  lands  will  furnish  vast  supplies  of  forage 
food,  and  the  reclaimed  sections  contribute  in  the 
same  direction,  while  railroads  transport  these  prod- 
ucts as  needs  may  require.  A  further  consideration 
— the  possible  effect  of  artificial  conditions  upon  rain- 
fall— may  be  worth  estimating.  It  has  been  often 
asserted  that  the  cutting  off  of  the  forests  of  the 
Sierras  and  the  Coast  Range  would  diminish  the  rain- 
fall, and  in  other  ways  prove  detrimental  to  the 
moisture  supply.     If  this,  as  a  consequence  of  denu- 

dation, follows  anywhere,  it  may  be  doubted  whether 
it  does  here.  In  almost  every  instance  the  removal 
of  the  timber  is  followed  by  a  dense  growth  of  young 
trees  or  of  thicket,  and  the  effect  of  this,  either  as  in- 
ducing precipitation  or  retaining  moisture,  must  be 
fully  equal  to  that  of  the  larger  but  scattering  trees 
thus  replaced. 

Further  than  this,  in  the  valley  of  the  San  Joaquin, 
hundreds  of  square  miles  of  prairie  and  plains  are 
now,  by  irrigation,  thoroughly  saturated,  and  from 
waters  that  had  their  former  evaporation  surface  in 
the  area  of  a  comparatively  small  lake.  On  the  slopes 
of  the  Sierras  the  same  causes  are  at  work.  Water 
stored  in  immense  reservoirs  is  conducted  in  canals 
to  thousands  of  acres  of  orchards  and  vineyards. 
These  causes,  large  at  present  and  constantly  enlarg- 
ing, cannot  but  produce  some  effect  upon  the  rainfall 
of  this  coast.  Regions  that  before  absorbed  the  moist- 
ure, now,  by  their  own  evaporation,  contribute  to  it 
and  induce  precipitation.  If  it  be  argued  that  these 
causes  are  inadequate  to  the  results  suggested,  it  may 
be  replied  that  forest  and  prairie  fires,  the  burning  of 
cities,  the  firing  of  cannon,  are  known  to  be  followed 
by  copious  rains.  The  meteorological  conditions  that 
accompany  a  saturated  atmosphere,  are  often  very 
nearly  in  equilibrium,  and  a  very  slight  disturbing 
cause  may  determine  for  or  against  precipitation. 
The  causes  I  have  indicated  are  neither  transitory 
nor  insignificant.  They  embrace  areas  equal  in  ex- 
tent to  States,  and  are  affecting,  in  a  marked  degree, 
the  temperature  and  climate  of  these  extensive  re- 
gions. If  any  consequences  shall  follow  from  these 
changes,  every  reason  seems  to  indicate  that  they  will 
be  found  in  an  increased  rainfall  and  against  the  re- 
currence of  drought.         ***** 

In  this  description  of  the  capabilities  and  climate 
of  the  Santa  Clara  Valley,  I  have  substantially  de- 
scribed San  Jose — for  this  is  her  environment,  these 
are  her  resources,  this  the  rich  setting  of  which  the 
"Garden  City"  is  the  central  gem.       *        *        * 

The  roads  of  San  Jose  and  vicinity  are  wide,  well- 
graded  and  ballasted  with  gravel  and  rock,  of  which 
there  is  an  inexhaustible  supply  in  the  immediate 
vicinity.  Unaffected  by  frost  or  flood,  they  improve 
with  use  and  require  but  little  attention  to  maintain 
them  in  the  finest  condition. 

Each  year  adds  many  miles  to  the  hundreds  of 
miles  now  in  use,  while  the  trees  with  which  most 
of  them  are  bordered  are  rapidly  developing  them 
into  stately  avenues.  These  roads,  as  they  extend 
into  the  country,  are  little  affected  by  either  the  rains 



of  winter  or  the  droughts  of  summer,  and  delightful 
drives,  free  from  either  mud  or  dust,  are  to  be  found 
in  every  direction  and  at  all  times.  The  residents 
thoroughly  appreciate  and  fully  avail  themsilves  of 
this  attractive  feature  of  the  county,  and  probably  in 
no  place  in  the  country  are  so  many  teams  to  be 
found  driven  with  perfect  confidence,  not  only  by 
women,  but  often  by  the  merest  children.  To  the 
visitor  who  drives  at  random  over  these  roads,  every 
turn  brings  a  new  surprise,  reveals  a  new  beauty. 
Now  the  road  is  through  an  avenue  of  stately  trees ; 
then  comes  a  succession  of  gardens ;  and  again  it  is 
the  abandoned  channel  of  a  former  stream,  where 
giant  and  gnarled  sycamores  and  old  oaks  shade 
the  way,  and  then  for  miles  a  bewildering  succession 
of  vineyards,  orchards,  and  fruitful  fields;  while  every- 
where, half  hidden  in  the  orchards,  nestling  among 
the  vines,  embowered  amid  the  roses,  stately  man- 
sions and  beautiful  cottages  bespeak  alike  the  thrift 
and  refinement  of  their  occupants. 

When  the  stranger  thus  finds  each  day,  and  for 
months,  a  new  avenue,  with  new  beauties  before  and 
about  him,  he  will  give  credence  to  the  assertion  that 
here  are  to  be  found  more  delightful  drives  than  in 
any  other  city  of  the  State,  and  will  declare  it  fitly 
named  the  "Garden  City."  Of  the  hundreds  of  miles 
of  these  drives,  which  lead  in  every  direction,  some 
are  deserving  of  more  than  this  general  mention. 
The  Alameda,  a  broad  and  beautiful  avenue  leading 
to  Santa  Clara,  is  three  miles  in  length,  as  level  as  a 
floor,  and  shaded  by  trees  planted  by  the  Mission 
Fathers  a  hundred  years  ago.  Bordered  throughout 
its  whole  extent  with  beautiful  residences,  it  puzzles 
the  passer-by  to  know  where  San  Jose  ends  and  her 
sister  city  begins.  Another  notable  drive  is  to  Alum 
Rock,  a  distance  of  seven  miles  over  a  road  as  perfect 
as  art  can  make  it,  through  a  deep  gorge  with  a 
prattling  stream  keeping  company,  to  a  natural  park 
of  four  hundred  acres  owned  by  the  city.  Here,  in  a 
sheltered  nook,  a  comfortable  hotel,  shaded  by  mighty 
oaks,  is  kept,  with  mineral  springs  of  every  quality 
and  every  temperature  bubbling  up  in  every  direction. 
Sc  irce  a  day  in  the  summer  that  a  party  is  not  found 
picnicking  in  this  park,  and  making  the  hills  ring 
with  music  and  merriment.  To  the  west,  within  a 
dozen  miles,  is  the  Almaden  quicksilver  mine,  em- 
ploying three  hundred  laborers,  and  supporting  a 
population  of  a  thousand  ;  a  place  interesting  as  being 
the  richest  deposit  of  cinnabar  on  the  continent,  or 
perhaps  in  the  world,  and  also  for  the  thorough  .system 
and  scrupulous   neatness  exhibited    on    every  hand. 

Another  drive  is  to  the  Guadalupe,  second  only  to 
the  Almaden;  another  to  Los  Gatos,  where  all  the 
zones  and  all  the  seasons  seem  to  have  combined  to 
crown  this  favored  spot  with  the  choicest  treasures  of 
them  all;  another  to  Saratoga,  with  its  soda  spring, 
unsurpassed  in  the  State,  gushing  from  the  hill-side; 
to  Lexington,  last  of  this  triad  of  mountain  beauties; 
and  everywhere — in  the  little  valleys,  garlanding  the 
hill -sides,  climbing  to  the  very  summit  of  the  mount- 
ains— orchards,  orange  groves,  and  vineyards.  The 
drive  into  these  hills  is  always  delightful ;  but  it  is  in 
the  spring,  when  everything  is  in  bloom,  that  it  ap- 
pears in  all  its  glory.  Then,  as  far  as  the  eye  can 
reach,  hill-side  and  plain  are  decked  in  all  1  he  splendors 
of  the  rainbow.  Here  the  white  blossoms  of  the 
prune  sway  in  the  breeze  like  drifting  snow,  while, 
beside  these,  the  valley  is  blushing  with  the  dainty 
hues  of  the  apricot,  the  peach,  and  the  apple,  and  the 
vineyards  are  upon  every  side,  in  their  delicate  green. 
It  is,  in  fact,  one  vast  parterre  of  floral  beauty — its 
coloring  by  acres — and  stretching  away  for  miles, 
until  the  distant  hills  frame  in  the  gorgeous  picture. 
In  all  these  mountain  villages  are  to  be  found  hotels, 
cozy  and  pleasant,  and  as  the  guest  sits  in  the  evening 
upon  the  porches  and  sees  the  lamps  of  the  distant 
city  twinkling  like  fireflies  below  him,  with  the  electric 
lights  gleaming  like  planets  above  them,  with  the  soft, 
dry  air  that  stirs  but  in  zephyrs,  he  can  but  feel  that 
this  is  indeed  an  earthly  elysium. 

In  the  morning  a  strilcing  sight  sometimes  awaits 
the  visitor.  The  sky  is  blue  and  cloudless  as  ever, 
but  the  valley  has  disappeared.  A  fog  has  crept  in 
during  the  night  and  engulfed  the  plain,  as  though 
the  ocean  was  asserting  its  old  dominion.  Upon 
every  hand  the  hills,  that  held  the  ancient  sea  in  their 
long  embrace,  now  clasp  this  fleeting  phantom  as 
though  in  its  shadowy  image  there  were  cherished 
memories  of  the  past.  Above  it,  like  islands,  rise 
hills  and  peaks.  As  still  as  fleecy  wool  sleeps  this 
soft  white  sea.  But  even  while  you  look  and  wonder, 
the  sun  asserts  his  power  and  the  still  lake  swells  in 
waves  and  rolls  in  billows.  Through  rifts,  you  catch 
glimpses  of  houses,  of  forests,  and  of  fields,  and  then 
— you  know  not  how,  )-ou  see  not  where — the  fleecy 
mantle  is  gone,  anJ  the  valley,  in  sheen  and  sunshine, 
is  again  before  you. 

Eighteen  miles  east  of  San  Jose,  upon  the  summit 
of  Mount  Hamilton,  is  the  Lick  Observatory.  The 
road  by  which  it  is  reached  is  twenty-four  miles  in 
length,  was  built  by  the  county  at  a  cost  of  $85,000, 
and  is  as  complete  as  money  and  skill   can  make  it. 



It  connects  with  the  Alum  Rock  Avenue,  about  four 
miles  from  San  Jose,  and  from  this  point  is  carried  up 
the  western  slope  of  the  hili.  As  the  road  ascends, 
the  valley  comes  into  view,  each  turn  of  the  road  dis- 
closing some  new  charm.  Seven  miles  of  this  and 
the  road  passes  to  the  eastern  side;  the  valley  is  no 
longer  in  sight.  But  with  this  change  comes  a  new 
attraction.  You  are  now  in  the  mountains,  and  deep 
gorges  upon  the  one  hand,  and  the  steep  hill-side  on 
the  other,  make  the  landscape;  again,  and  the  road  is 
traversing  valleys  gorgeous  with  wild  flowers  or  roll- 
ing hills  dotted  with  stately  oaks.  Ten  miles  of  this 
and  Smith  Creek  is  reached.  Here,  in  a  charming 
nook  of  the  mountain  half  encircled  by  a  sparkling 
stream,  a  comfortable  hotel  is  found.  Near  as  the 
summit  appears  from  this  point,  there  i-^  yet  fifteen 
hundred  feet  of  sheer  ascent  and  the  road  winds  three 
times  round  the  peak  and  is  seven  miles  long  in  as- 
cending it.  As  the  summit  is  approached  the  valley 
unrolls  before  you  like  a  vast  panorama,  and  the 
picture  that  was  left  behind  is  again  in  view;  until,  at 
last,  at  a  height  of  four  thousand  two  hundred  and 
fifty  feet,  you  are  at  the  observatory. 

From  here,  the  view  is  grand  and  impressive.  At 
your  feet,  dotted  with  villages  and  rimmed  with  a 
cordon  of  protecting  hills,  sleeps  the  valley  in  all  its 
loveliness,  and,  beside  it,  the  Bay  of  San  Francisco, 
flecked  with  the  sails  of  commerce.  To  the  east,  the 
snow-clad  peaks  of  the  Sierras  bound  the  distant 
horizon,  while  south,  the  valley  stretches  away  till  hid 
by  the  misty  hills.  Upon  the  west  are  the  forest 
slopes  of  the  Santa  Cruz  Mountains,  with  lakes  and 
reservoirs  that  gleam  in  the  sunlight  like  burnished 
silver;  while,  upon  the  more  distant  horizon,  a  lighter 
shade  tells  where  sea  and  sky  meet  and  mingle  in  the 
blue  Pacific.  North,  if  the  day  is  clear,  you  are 
pointed  to  a  dim  shadow  scarce  outlined  on  the  dis- 
tant sky,  and,  as  you  strive  to  fi.x  the  wavering,  doubt- 
ful image,  you  are  told  that  this  is  Shasta,  which,  four 
hundred  miles  distant  and  fourteen  thousand  four 
hundred  and  forty  feet  liigh,  is  enthroned  in  undis- 
puted majesty  over  the  great  valley.  As  you  note  this 
horizon  stretching  away  on  every  hand,  you  can 
readily  accept  the  statement  of  Professor  Whitney, 
that  from  the  summit  of  this  mountain,  more  of  the 
earth's  surface  is  visible  than  from  any  other  known 
point  upon  the  globe ;  and  the  blue  sky  and  trans- 
lucent atmosphere  attest  the  assertion  that  there  are 
here  twice  the  number  of  nights  that  are  favorable  to 
observations  than  are  anywhere  else  to  be  found. 
Upon  this  height  stands  the  observatory,  which  the 

founder  decreed  should  have  the  most  powerful  glass 
and  thorough  equipment  that  skill  and  ingenuity 
could  produce;  and  most  thoroughly  have  those 
assigned  to  this  duty  executed  their  trust. 

If  years  have  been  employed  for  the  erection  of 
these  buildings,  it  is  because  they  are  to  remain  for  the 
centuries,  and  they  are  as  massive  and  as  durable  as 
the  rock  of  which  they  seem  but  a  part.  In  the 
equipment,  the  scientific  knowledge  and  mechanical 
ingenuity  of  the  world  were  called  into  requisition, 
and  this  is  the  grand  result.  Nor  are  the  appoint- 
ments of  this  place,  perfect  and  ample  as  they  are, 
better  adapted  to  its  purposes  than  are  the  natural 
surroundings.  Elsewhere,  observatories  are  erected 
amid  the  busy  marts  of  trade,  and  among  the  haunts 
of  men.  Here,  the  rugged  mountain  fjrbids  all  other 
companionship,  and  sterility  and  solitude  keep  sen- 
tinel watch  at  the  portals  of  this  temple  of  science. 
It  is  fitting  that  this  be  so,  for  what,  to  the  watcher 
of  the  skies,  are  the  aspirations  of  life,  the  ambitions 
of  men?  What  to  him  are  the  boundaries  of  nations 
or  the  measures  of  time?  The  field  of  his  explorations 
is  illimitable  space,  the  unit  of  his  line,  the  vast  orbit 
of  the  earth.  The  centuries  of  Egypt,  hoary  with 
age,  are  scarce  seconds  on  his  dial.  The  Pharaohs 
are  to  him  but  men  of  yesterday.  He  gauges  the 
nebulous  mist  that  enwraps  Orion,  that  veils  Andro- 
meda, and  proclaims  the  natal  day  of  systems  yet  to 
be.  He  notes  the  changing  hues  and  waning  light  of 
blazing  stars,  and  declares  when,  rayless  and  dark, 
with  retinues  of  dead  worlds,  they  shall  journe}-  on  in 
the  awful  stillness  of  eternal  night.  Well  may  he 
who  deals  with  these,  the  problems  of  the  skies,  dwell 
alone  and  apart  from  other  men. 

In  the  central  pier,  which  supports  the  great  tele- 
scope, is  the  tomb  of  Jarnes  Lick.  Lonely  in  this  life, 
alone  in  his  resting-place;  this  seems  indeed  his  fit 
mausoleum,  and  the  visitor  reads,  though  it  be  un- 
written, as  his  epitaph,  the  inscription  in  England's 
great  cathedral  on  the  tomb  of  its  architect :  "  Si 
inonumentiim  requiris,  ciraunspice." 

The  return  trip  is  much  more  agreeable  than  the 
ascent.  As  the  carriage  sweeps  down  the  mountain 
road,  with  its  many  curves,  the  landscape  again  un- 
folds with  scenes  and  shades  that  come  and  go  like 
the  figures  of  a  kaleidoscope;  and,  in  three  short 
hours,  the  traveler  is  again  in  San  Jose,  with  recol- 
lections of  the  mountain  road,  the  marvelous  prospect, 
the  lofty  mountains,  and  the  lonely  tomb,  that  can 
never  be  effaced.  ****** 

Muchof  the  happiness  of  a  communits- depends  upon 



the  social  habits  of  its  people.  In  San  Jose,  social 
gatherings  and  festivities,  picnics  and  excursions,  are 
more  frequent  than  in  most  Eastern  communities. 
The  weather  permits,  and  the  disposition  of  the  people 
encourages  them;  and  those  relaxations  which,  in 
most  places,  are  the  privilege  of  the  few,  are  here  the 
practice  of  the  many.  In  the  summer,  many  families 
resort  to  the  hills  or  to  the  shores  of  Monterey  Bay. 
Here,  in  cottages  readily  hired,  in  tents  or  booths, 
they  remain  for  weeks,  relieved  of  much  of  the 
formality,  as  well  as  the  drudgery,  of  ordinary  domes- 
tic life.  Others,  more  adventurous,  make  up  expedi- 
tions to  the  Sierras,  Yosemite.or  even  Shasta.  They 
take  their  own  teams,  and  in  capacious  wagons  store 
the  bedding  and  supplies  required  for  a  month  or 
more  of  nomadic  life.  Of  the  weather  they  take  no 
heed,  for  that  is  assured. 

Wherever    night   overtakes   them   they  camp,  and 

remain  or  move  on  as  inclination  or  fancy  may  prompt- 
From  the  farm-houses  they  replenish  their  larder  and 
procure  feed  for  their  teams.  And  they  return  after 
weeks  of  this  gypsy  life,  with  bronzed  cheeks,  to  re- 
sume with  vigor  the  duties  of  life,  to  live  over  their 
past  wanderings,  and  to  plan  new  expeditions  for  the 
future.  ********* 
In  this  paper  I  have  endeavored  to  represent  to  the 
visitor  the  surroundings  he  will  here  find;  to  the 
settler,  the  conditions  with  which  he  will  have  to  deal. 
I  shall  make  no  attempt  to  forecast  even  the  near 
future;  it  is  proclaiming  itself  The  tramp  of  a 
coming  host  is  upon  every  hand — the  tide  of  a  human 
sea,  impelled  by  forces  that  permit  no  ebb.  It  comes, 
and  between  the  desert  and  the  sea  it  finds  the  prom- 
ised land^ — Egypt  in  its  fertility;  Sicily  in  its  fruits 
and  flowers;  Italy  in  its  beauty;  America  in  its  free- 
dom, its  enterprise,  and  its  energy. 

The    Native    races. 

THE  reader  will  have  acquired  a  good  idea  of  the 
topography  of  climate  and  general  character- 
istics of  Santa  Clara  County  from  the  foregoing 
sketch  from  the  pen  of  the  Honorable  D.  Belden. 
In  regard  to  the  people  who  inhabited  this  lovely 
spot  prior  to  its  occupancy  by  the  whites,  we  have 
very  little  knowledge  either  by  record  or  tradition, 
nor  is  it  necessary  that  we  should  have.  They  were 
a  race  of  mild-mannered,  ignorant,  and  generally 
inoffensive  Indians,  without  language,  customs,  or 
history,  that  would  be  either  instructive  or  entertain- 
ing to  the  general  reader.  The  only  interest  we  have 
in  them  is  that  they  were  the  immediate  predecessors 
of  the  white  race  in  this  beautiful  valley.  They  were 
called  the  Olhones,  sometimes  Costanes,  and  subsisted 
on  the  spontaneous  fruits  of  the  soil,  together  with 
small  game  which  they  were  enabled  to  kill  or  capture 
with  their  rude  implements  or  weapons.  Like  nearly 
all  the  natives  of  the  Pacific  Coast,  both  of  North 
and  South  America,  they  worshiped  the  sun,  but 
this  was  about  the  only  point  in  which  they  resembled 
their  Southern  neighbors.  While  Cortez  and  Pizarro 
found  in  Mexico  and  Peru  a  sort  of  civilization,  the 
natives  of  California  had  nothing  that  redeemed 
them  from  absolute  barbarism.  They  believed  in  an 
evil  spirit,  and  their  religious  rites  and  ceremonies 
were  principally  devoted  to  its  propitiation  rather  than 
to  the  adoration  of  a  Supreme  Being,  with  power  to 
protect  them  from  the  anger  of  their  evil  god.  In 
this  they  seem  to  have  resembled  the 

Their  religious  idea  of  rewards  and  punishments 
appertained  to  their  material  existence.  If  they  had 
any  belief  in  a  future  state  they  had  nothing  to  indi- 
cate it  except,  perhaps,  in  their  funeral  ceremonies,  in 
which  they  decorated  the  corpse  with  feathers,  flowers, 
and  beads,  and,  placing  his  bows  and  arrows  beside 
the  remains,  burned  them  amid  shouts  and  cries. 
They  had  one  custom  which  was  common  to  all  the 
Indians  along  the  coast,  but  whether  it  was  a  religious 

ceremony,  a  sanitary  measure,  or  a  recreation,  we  are 
not  informed.  It  was  called  the  temescal.  An  adobe 
house,  in  the  shape  of  a  dome,  was  built  on  the  banks 
of  a  creek.  It  had  a  hole  in  the  top  for  the  escape  of 
the  smoke,  while  an  aperture  at  the  side  served  the 
purpose  of  a  door.  The  ceremony,  if  it  can  properly 
be  called  such,  consisted  in  packing  the  interior  of  the 
hut  with  people,  raising  the  temperature  by  means  of 
fires  to  as  high  a  degree  as  possible.  When  the  heat 
became  unendurable  they  would  rush  from  the  hut 
and  with  cries  and  shouts  plunge  into  the  waters  of 
the  creek. 

They  had  no  villages,  in  the  ordinary  sense  of 
the  term,  but  at  certain  seasons  of  the  year  they 
would  herd  together  at  certain  fixed  places,  which  the 
Spaniards  named  randiei'ias.  They  were  generally 
peaceable.  We  have  no  record  of  any  wars  in  which 
they  were  engaged,  nor  have  any  relics  of  pre-historic 
battle-fields  been  found  by  their  successors.  After 
the  secularization  of  the  missions  there  was  at  one 
time  a  rumor  that  the  Indians  were  on  the  war-path 
and  were  making  threatening  demonstrations  toward 
this  valley;  but  it  was  only  a  rumor,  and  we  can  find 
no  authentic  account  of  any  overt  act  that  could  be 
logically  construed  into  organized  hostility. 

They  had  no  prominent  men  or  noted  chiefs  whose 
names  survive.  The  Seminoles  had  their  Osceola,  the 
Shawnees  had  Tecumseh,  the  Pokanokets  had  King 
Philip,  the  Sacs  and  Foxes  had  Blackhawk,  the  Cayu- 
gas  had  Logan,  but  the  Olhones  have  left  not  even  a 
ripple  on  the  sea  of  oblivion  into  which  they  have  so 
recently  passed.  Not  much  can  be  said  of  these 
natives  that  would  be  interesting — nothing  that  would 
be  instructive.  Our  history  begins  where  theirs  ended. 
Their  existence  here  served  as  a  motive  for  the  estab- 
lishment of  the  Mission  of  Santa  Clara,  which  was  the 
beginning  of  civilization  in  Santa  Clara  Valley,  and 
the  real  starting-point  for  our  history. 





In  1776,  the  natal  year  of  our  republic,  Califor- 
nia was  a  province  of  Spain  and  was  governed 
through  the  viceroy  of  Mexico,  whose  headquarters 
were  established  at  the  city  of  Mexico.  The  Span- 
ish monarch  at  that  time  was  Don  Carlos  III.,  and 
the  Mexican  viceroy  was  Felipe  de  Neve.  The 
banner  of  the  Holy  Church  had  been  carried  in  the 
van  of  the  Spanish  forces  in  all  their  military  opera- 
tions in  the  Western  Hemisphere,  and  all  their  con- 
quests had  been  made  in  noniitie  Doininis.  The 
introduction  of  the  arts  of  civilization  into  the  con- 
quered provinces  proceeded  on  the  same  principle. 
The  first  step  was  to  afford  religious  instruction  to 
the  natives,  and  to  this  end  missions  under  the  control 
of  the  church  were  established  at  such  points  as  were 
deemed  advisable.  At  the  time  of  which  we  write, 
seven  of  these  missions  had  been  established  in 
Upper  or  Alta  California,  to  wit:  The  Mission  San 
Diego,  at  San  Diego,  July  16,  1769;  the  Mission  Car- 
mel,  or  San  Carlos,  at  Monterey,  June  3,  1770;  the 
Mission  San  Antonio,  at  San  Luis  Obispo,  July  14, 
1771;  the  Mission  San  Gabriel,  at  Los  Angeles, 
September  8,  1771;  the  Mission  San  Luis  Obispo,  at 
San  Luis  Obispo,  September  i,  1772;  the  Mission 
Dolores,  at  San  Francisco,  October  9,  1776;  the 
Mission  San  Juan  Capistrano,  at  Los  Angeles, 
November  10,  1776. 

At  this  time  the  Spaniards  had  a  military  post, 
called  a  presidio,  at  San  Francisco,  which  was  then 
known  as  Yerba  Buena.  It  seems  that  in  all  the 
enterprises  undertaken  by  the  Spaniards  in  the  New 
World,  the  church  had  concurrent  jurisdiction  with 
the  military  authority.  In  fact,  almost  all  the  com- 
mands issuing  from  the  crown  placed  the  church  first, 
and  the  military  force  was  treated  simply  as  an 
auxiliary  in  the  work  of  introducing  the  Christian 
religion  to  the  heathen  inhabitants  of  New  Spain. 
These  two  powers  generally  acted  in  harmony.  There 
was  no  restriction  of  the  Holy  Fathers  in  their  selec- 
tion of  sites  for  their  missions,  and  no  hesitation  on  the 
part  of  the  military  authorities  in  granting  a  guard  of 
soldiers  for  their  protection  when  asked  for.  Official 
information  in  regard  to  the  founding  and  conduct  of 
the  missions  was  conveyed  to  the  headquarters  of 
church  and  State  through  two  distinct  channels,  that 
is  to  say,  the  church  received  its  report  through  the 
priesthood  and  the  State  through  the  commandants 
of  the  districts  furnishing  the  military  support. 

In  1776  the  viceroy  of  Mexico  learned,  unofficially, 

that  two  new  missions  had  been  established  near  the 
Bay  of  San  Francisco,  and  in  September  of  that  year 
he  sent  a  communication  to  Don  Fernando  Riviera, 
who  was  at  that  time  commanding  at  San  Diego, 
conveying  this  intelligence  and  asking  him  to  make 
an  inspection  and  return  a  full  report.  This  meant, 
for  Don  Fernando,  a  march  of  several  hundred  miles 
through  a  wild  country  and  over  rugged  mountains, 
but  military  discipline  did  not  permit  him  to  hesitate. 
Accompanied  by  twelve  soldiers,  intended  as  guards 
for  the  new  missions,  he  proceeded  northward.  After 
a  long  and  tiresome  journey  the  party  arrived  at 
Monterey.  Here  Don  Fernando  learned  that  the 
viceroy  had  been  misinformed ;  that,  instead  of  two 
new  missons,  only  one  had  been  established,  and  that 
one  at  San  Francisco  (Dolores).  Father  Tomas  de  la 
Pena,  and  another  priest,  who  had  been  appointed  to 
perform  the  religious  duties  of  the  expedition,  joined 
the  party  at  Monterey,  and  together  they  started  on 
their  journey  to  San  Francisco.  Their  route  was 
nearly  identical  with  that  now  occupied  by  the  South- 
ern Pacific  Railroad.  During  the  march  the  party 
made  a  halt  near  the  present  town  site  of  Santa  Clara, 
and  being  impressed  with  the  salubrity  of  the  climate 
and  the  wonderful  fertility  of  the  soil,  as  evidenced  by 
the  natural  vegetation,  they  determined  to  there 
locate  a  mission  for  the  instruction  of  the  mild- 
mannered  natives,  whose  curiosity  was  barely  sufficient 
to  conquer  their  timidity. 

This  was  in  the  latter  part  of  the  month  of  Novem- 
ber, a  season  when  our  lovely  valley  possesses  a 
peculiar  beauty,  and  which,  it  seems,  was  sufficient  to 
entrance  these  holy  friars,  although  they  had  long 
been  accustomed  to  the  delightful  climate  of  what  is 
now  known  as  Southern  California.  This  valley  was 
then  known  as  the  San  Bernardino.  The  party  pro- 
ceeded to  San  Francisco,  which  they  reached  on 
the  twenty-sixth  of  November.  Having  discharged 
his  official  duties  at  the  presidio,  Don  Fernando  re- 
turned to  Monterey,  and,  at  the  Mission  Carmel,  took 
the  preliminary  steps  toward  establishing  a  mission  at 
the  place  which  had  so  charmed  him  on  his  journey  to 
San  Francisco.  A  party,  under  the  direction  of  Rev. 
Father  Murguia,  was  organized  and  started  for  their 
new  field.  By  the  last  of  December  all  the  soldiers 
intended  for  guards,  together  with  their  families,  were 
mustered  at  San  Francisco,  and  on  the  sixth  day  of 
January  took  their  departure  for  this  valley.  The 
party  consisted  of  Rev.  Father  de  la  Pena,  the  com- 
mandant of  the  presidio,  and  the  soldiers  and  their 
families.     On  reaching  their  destination  a  cross  was 



erected,  and  on  the  twelfth  day  of  January,  1777,  the 
first  mass  ever  said  in  the  valley  was  celebrated  by 
Father  Pefia. 

This  planting  of  the  symbol  of  the  church  and  the 
celebration  of  its  rites  marks  the  true  beginning  of  the 
history  of  the  Santa  Clara  Valley.  The  cross  which 
was  then  upraised  still  stands  erect  and  marks  the 
dividing  line  between  idolatry  and  Christianity — be- 
tween barbarism  and  civilization.  A  few  days  after 
this  Father  Murguia  arrived  from  Monterey  with  his 
party,  and  on  January  18,  1777,  the  formal  ceremonies 
prescribed  by  the  church  for  the  founding  of  missions 
were  performed,  and  the  Mission  of  Santa  Clara  was 
established;  and  from  this  time  this  valley,  which  had 
hitherto  been  known  as  San  Bernardino,  became  the 
Valley  of  Santa  Clara.  That  our  readers  may  more 
readily  comprehend  the  work  of  the  missions  we 
present  the  followi  g  brief  general  description,  as 
given  by  Father  Gleeson  in  his  work  entitled,  "History 
of  the  Catholic  Church  in  California:" — 

"The  buildings  were  generally  quadrilaterals  inclos- 
ing a  court  ornamented  with  fountains  and  trees,  the 
whole  containing  the  church,  the  Fathers'  apartments, 
storehouses,  barracks,  etc.  Within  the  quadrangle,  at 
the  second  story,  was  a  gallery  running  round  the  entire 
structure,  upon  which  opened  the  workshops,  store- 
rooms and  other  apartments.  The  entire  manage- 
ment of  each  establishment  was  under  the  care  of  two 
religious;  the  elder  attended  to  the  interior  and  the 
younger  to  the  exterior  administration.  One  portion 
of  the  building,  which  was  called  the  'monastery,' 
was  inhabited  by  the  young  Indian  girls.  Tiiere, 
under  the  care  of  approved  matrons,  they  were  care- 
fully instructed  and  trained  in  those  branches  neces- 
sary for  their  condition  in  life.  They  were  not  per- 
mitted to  leave  till  of  an  age  to  be  married — this 
with  a  view  of  preserving  their  morality. 

"  In  the  schools,  those  who  exhibited  more  talent 
than  their  companions  were  taught  vocal  and  instru- 
mental music,  the  latter  consisting  of  the  flute,  horn, 
and  violin.  In  the  mechanical  departments,  the  most 
apt  were  promoted  to  the  position  of  foremen.  The 
better  to  preserve  the  morals  of  all,  none  of  the 
whites,  except  those  absolutely  necessary,  were  em- 
ployed at  the  mission.  The  daily  routine  was  as 
follows:  At  sunrise  they  arose  and  proceeded  to  the 
church,  where,  after  morning  prayer,  they  assisted  at 
the  holy  sacrament  of  the  mass.  Breakfast  next 
followed,  after  which  they  proceeded  to  their  respect- 
ive employments.  Toward  noon  they  returned  to  the 
mission  and  spent  the  time  from  then  till  two  o'clock 

between  dinner  and  repose,  after  which  they  repaired 
to  their  work  and  remained  engaged  until  the  even- 
ing angelus,  about  an  hour  before  sundown.  All 
then  betook  themselves  to  the  church  for  evening 
devotions,  which  consisted  of  the  ordinary  family 
prayers  and  the  rosary,  except  on  special  occasions, 
when  other  devotional  exercises  were  added.  After 
supper,  which  immediately  followed,  they  amused 
themselves  in  divers  sports,  games,  and  dancing,  till 
the  hour  for  repose.  Their  diet  consisted  of  an 
abundance  of  beef  and  mutton,  with  vegetables  in 
the  season.  Wheaten  cakes  and  puddings  or  por- 
ridges, called  atole  and  pinole,  also  formed  a  portion  of 
the  repast.  The  dress  was,  for  the  males,  linen  shirts 
and  pants,  and  a  blanket  which  was  to  be  used  as  an 
overcoat.  The  women  received  each,  annually,  two 
undergarments,  a  gown,  and  a  blanket.  In  years  of 
plenty,  after  the  missions  became  rich,  the  Fathers 
distributed  all  the  surplus  moneys  among  them  in 
clothing  and  trinkets." 

From  this  it  will  be  seen  that  the  good  Fathers  had 
a  care  over  the  temporal  as  well  as  the  spiritual  wel- 
fare of  their  charges.  Santa  Clara  Mission  soon 
became  a  flourishing  institution.  The  natives  were 
teachable,  willing  to  learn,  and  reasonably  industrious. 
The  land  was  fertile  and  yielded  abundant  harvests, 
and  each  year  saw  a  gratifying  increase  in  the  num- 
bers of  those  who  relinquished  heathenism  for  Chris- 
tianity, and  the  habits  of  savagery  for  the  arts  of 

In  1784,  nearly  seven  years  after  the  establishment 
of  the  mission,  came  the  ceremony  of  formal  dedica- 
tion, under  the  ministration  of  the  Father  Junipero 
Serra,  president  of  the  missions  of  California.  This 
occurred  May  16,  and  was  attended  by  Don  Pedro 
Fages,  who  had  succeeded  Neve  as  Governor  of  Cali- 
fornia. Father  Murguia  did  not  live  to  witness  this 
imposing  ceremony,  he  having  died  of  a  slow  fever 
five  days  prior  to  the  event. 

In  June  of  the  same  year  in  which  the  Santa  Clara 
Mission  was  established,  Don  Felipe  de  Neve  sug- 
gested to  his  superiors  the  advisability  of  establish- 
ing a  settlement  on  the  Guadalupe  River,  forty- eight 
miles  from  the  presidio  at  San  Francisco  and  seventy- 
eight  miles  from  Monterey.  He  described  the  ex- 
traordinary fertility  of  the  country  and  demonstrated 
that  it  would  not  only  furnish  ample  supplies  for  the 
troops  quartered  at  the  presidio,  but  would  in  a  very 
short  time  yield  a  handsome  revenue  to  the  crown. 
The  suggestion  was  several  months  in  traveling 
through    the    Spanish    circumlocution    office,    but   it 



finally  reached  the  end  of  its  journey  and  was  ap- 
proved, and  in  November  of  that  year,  Don  Jose  de 
Moraga,  a  Spanish  lieutenant  commanding  at  the 
presidio  at  San  Francisco,  received  orders  to  detail 
nine  soldiers  who  had  experience  as  agriculturists, 
two  settlers,  and  three  laborers,  and  proceed  to  form  a 
settlement  at  the  point  indicated  in  the  Governor's 
suggestion.  This  he  did,  and  located  his  camp  on 
the  banks  of  the  creek  just  north  of  the  present  city 
limits,  and  called  it  the  "  Pueblo  de  San  Jose  de 

He  reported  his  location  to  the  central  government 
through  the  usual  channels,  and  two  years  afterward, 
March  6,  1779,  his  actions  were  approved.  In  1782, 
Lieutenant  Moraga  was  directed  to  make  an  allot- 
ment of  land  to  each  of  his  troops,  which  he  did,  as 
will  be  seen  by  the  accompanying  diagram.  The 
names  of  the  original  settlers  were:  Ygnacio  Archuleta, 
Manuel  Gonzalez,  Jose  Tiburcio  Vasquez,  Manuel 
Amesquita,  Antonio  Romero,  Bernardo  Rosalez, 
Francisco  Avila,  Sebastian  Alvitre,  and  Claudio 

It  was  not  long  until  the  settlers  discovered  that 
they  had  made  a  mistake  in  the  selection  of  a  site 
for  their  town.  The  place  was  comparatively  low, 
and  during  the  winter  frequently  overflowed,  much  to 
the  discomfort  of  the  settlers.  This  caused  much  dis- 
content, but  no  direct  steps  were  taken  to  secure  a  re- 
location of  the  pueblo  until  1785,  when  a  formal 
petition  was  sent  to  the  central  authorities  asking  per- 
mission to  move  the  settlement  to  higher  ground. 
In  his  report  on  the  subject.  Lieutenant  Moraga 
states: — 

"At  the  time  I  obtained  command  as  commis- 
sioner of  the  pueblo,  the  water  raised  so  high  that 
a  little  more  would  have  carried  off  our  houses. 
Some  of  them  were  much  injured,  and  we  were 
deprived  of  going  to  mass  and  confession,  not  being 
able  to  pass  to  the  mission  without  going  round 
circuitously  a  distance  of  three  leagues,  to  avoid  the 
bad  places,  which  were  so  numerous  in  such  weather. 
And  in  the  bad  places  many  were  left  afoot  without 
being  able  to  use  their  horses;  nor  could  they  look 
after  their  cavallado  (meaning  their  horses  turned  out 
to  graze),  nor  use  them  to  notify  each  other  in  case  of 
any  trouble  or  accident.  Already  in  the  pueblo,  and 
in  the  adjoining  mission,  on  such  occasions,  the  wild, 
unchristianized  Indians  have  committed  depredations. 
Finally,  for  sowing  wheat,  corn,  and  other  grains, 
the  carrying  of  the  mails,  and  the  passage  of  pack 
trains,  it  (the  new  site    recommended),    offers    great 

advantage,  as  well  as  for  timber  and  wood;  every- 
thing is  nearer  and  more  convenient,  and  I  fully 
approve  of  the  view  of  the  citizens." 

Some  of  our  older  citizens  now  living  can  remem- 
ber the  miserable  condition  in  which  these  lowlands 
were  plunged  at  the  time  of  high  water,  and  could  add 
something  to  Lieutenant  Moraga's  list  of  incon- 
veniences. But  since  the  improvement  of  the  chan- 
nel of  the  creek,  under  American  occupation,  nothing 
of  this  kind  has  been  known.  -  It  required  twelve 
years  from  the  time  the  first  petition  was  transmitted 
to  the  Governor  before  the  removal  could  be  accom- 
plished, but  it  was  finally  effected  in  1797,  the  center 
of  the  new  site  being  at  about  the  present  northwest 
corner  of  Market  and  El  Dorado  Streets. 

At  the  death  of  Father  Murguia,  as  noted  above, 
the  Mission  of  Santa  Clara  was  placed  under  the  di- 
rection of  Father  Diego  Noba,  and  under  his  super- 
vision continued  the  successful  work  of  the  institution. 
Looking  at  our  beautiful  valley  at  the  present  time, 
covered  with  orchards  and  vineyards  and  stately 
edifices,  it  is  difficult  to  imagine  what  its  appearance 
was  at  that  time.  The  only  writing  which  will  ap- 
proach a  description  is  from  the  report  of  Captain 
Vancouver,  the  great  navigator,  who,  having  come  into 
San  Francisco  Bay,  visited  the  mission  in  1792.  It 
contains  not  only  a  statement  of  the  appearance  of 
the  country,  but  the  condition  of  the  mission.  He 
says : — 

"We  continued  our  course  parallel  to  the  sea-coast, 
between  which  and  our  path  the  ridge  of  mount- 
ains extended  to  the  southeastward,  and,  as  we 
advanced,  their  sides  and  summits  exhibited  a  high 
degree  of  luxuriant  fertility,  interspersed  with  copses 
of  various  forms  and  magnitude,  and  verdant  open 
spaces  encircled  with  fruit  trees  of  different  descrip- 
tions. About  noon  we  arrived  at  a  very  enchanting 
lawn,  situated  amid  a  grove  of  trees  at  the  foot  of 
a  small  hill,  by  which  flowed  a  very  fine  stream  of 
excellent  water.  We  had  not  proceeded  far  from  this 
delightful  place,  when  we  entered  a  country  I  little 
expected  to  find  in  these  regions. 

"For  almost  twenty  miles  it  could  be  compared  to  a 
park  which  had  originally  been  planted  with  the  true 
old  English  oak;  the  underwood,  that  had  probably 
attained  its  early  growth,  had  the  appearance  of 
having  been  cleared  away,  and  had  left  the  stately 
lords  of  the  forest  in  complete  possession  of  the  soil, 
which  was  covered  with  luxuriant  herbage,  and  beauti- 
fully diversified  with  pleasing  eminences  and  valleys, 
which,  with  the  lofty  range  of  mountains  that  bounded 



the  prospect,  required  only  to  be  adorned  with  neat 
habitations  of  an  industrious  people,  to  [iroduce  a 
scene  not  inferior  to  the  most  studied  effect  of  taste  in 
the    disposal   of  grounds.         *         *         *         * 

"Soon  after  dark  we  reached  the  Santa  Clara  Mis- 
sion. Our  journey,except  through  the  morass.had  been 
pleasant  and  entertaining,  and  our  reception  at  Santa 
Clara,  by  the  hospitable  Fathers  of  the  mission,  was 
such  that  e.xcited  in  every  breast  the  most  lively  sen- 
sations of  gratitude  and  regard.  Father  Tomas  de  la 
Peua  appeared  to  be  the  principal  of  the  missionaries. 
The  anxious  solicitude  of  this  gentleman  and  of  his 
colleague.  Father  Joseph  Sanchez,  to  anticipate  all 
our  wishes,  unequivocally  manifested  the  principles 
by  which  their  conduct  was  regulated.  The  buildings 
and  offices  of  the  mission,  like  those  of  San  Francisco, 
form  a  square,  but  not  an  entire  inclosure. 

"It  is  situated  in  an  extensive,  fertile  plain,  the  soil 
of  which,  as  also  that  of  the  surrounding  country,  is  a 
rich,  black,  productive  mold,  superior  to  any  I  had 
before  seen  in  America.  The  church  was  long  and 
lofty,  and  as  well  built  as  the  rude  materials  of  which 
it  is  composed  would  allow,  and,  compared  with  the 
unimproved  state  of  the  country,  was  infinitely  more 
decorated  than  might  have  been  reasonably  expected. 
Apartments,  within  the  square  in  which  priests  re- 
sided, were  appropriated  to  a  number  of  young  female 
Indians,  and  the  like  reasons  were  given  as  at  San 
Francisco  for  their  b:ing  so  selected  and  educated. 
Their  occupations  were  the  same,  though  some  of 
their  woolen  manufactures  surpassed  those  we  had 
seen  before,  and  wanted  only  the  operation  of  fulling, 
with  which  the  Fathers  were  unacquainted,  to  make 
them  very  decent  blankets.  The  upper  story  of  their 
interior  oblong  square,  which  might  be  one  hundred 
and  seventy  feet  long  and  one  hundred  broad,  was 
made  use  of  as  granaries,  as  were  some  of  the  lower 
rooms;  all  of  which  were  well  stored  with  corn  and 
pulse  of  different  sorts;  and,  besides  these,  in  case  of 
fire,  there  were  two  spacious  warehouses  for  the  re- 
ception of  grain,  detached  from  each  other  and  the 
rest  of  the  building.s,  erected  at  a  convenient  distance 
from  the  mission.  These  had  been  recently  finished, 
contained  some  stores,  and  were  to  be  kept  constantly 
full,  as  a  reservoir  in  the  event  of  such  a  misfortune. 

"The  maize,  peas,  and  beans  are  sov\n  in  the  spring 
months  and  succeed  extremely  well,  as  do  hemp  and 
flax,  or  linseed.  The  wheat  affords,  in  general,  from 
twenty-five  to  thirty  for  one,  according  to  the  season, 
twenty-five  for  one  being  the  least  return  from  their 
fields,  notwithstanding  the  enormous  waste  occasioned 

by  their  rude  method  of  threshing,  which  is  performed 
in  the  open  air  by  the  treading  of  cattle.  Neither 
barley  nor  oats  were  cultivated.  As  the  superior 
grains  could  be  cultivated  with  the  same  labor  that 
the  inferior  ones  could,  they  had  some  time  ago  de- 
clined the  cultivation  of  them.  Here  were  planted 
peaches,  apricots,  apples,  pears,  figs,  and- vines,  all  of 
which,  except  the  latter,  promised  to  succeed  well. 
The  failure  of  the  vine  here,  as  well  as  at  San  Fran- 
cisco, is  ascribed  to  a  want  of  knowledge  in  their  cult- 
ure, the  soil  and  climate  being  well  adapted  to  some 
sorts  of  fruits.  The  priests  had  a  guard  of  a  corporal 
and  six  soldiers."  The  great  navigator  did  not  dream 
that  in  less  than  a  hundred  years,  this  fertile  valley 
would  be  sending  her  fruits  to  all  parts  of  the  globe, 
and  that  her  wines  would  be  in  competition  with  the 
products  of  the  most  noted  vineyards  of  the  Old  World. 

The  beginning  of  the  present  century  saw  both  the 
religious  colony  at  the  mission  and  the  civil  colony  at 
the  pueblo  fairly  settled.  There  had  been  some  dis- 
pute as  to  the  line  dividing  the  two  jurisdictions,  but  it 
had  been  finally  determined  by  locating  it  midway 
between  them,  or  about  the  position  of  the  Mt.  Diablo 
meridian.  The  present  Alameda  was  also  laid  out, 
for  the  purpose  of  affording  easy  communication  be- 
tween the  pueblo  and  the  mission.  It  was  about  one 
hundred  feet  wide,  with  a  row  of  trees  on  each  side, 
and  one  through  the  center.  The  trees  were  of  black 
willow  and  sycamore,  but  the  sycamores  have  long 
since  disappeared.  There  was,  originally,  a  ditch  run- 
ning through  the  center  of  the  road  for  the  purpose 
of  drainage,  but  when  the  adjoining  fields  began  to 
be  cultivated,  the  water  was  diverted  from  the  ditch, 
and  it  gradually  filled  up  and  was  obliterated.  There 
is  a  tradition  among  the  older  inhabitants  that  the 
trees  were  planted  on  the  Alameda  for  the  purpose  of 
affording  a  refuge  from  the  attacks  of  the  cattle  that 
were  running  at  large  through  the  country.  This, 
however,  must  have  been  a  mistake,  for,  at  the  time 
the  Alameda  was  constructed,  there  were  only  one 
hundred  and  fifteen  head  of  cattle  owned  in  the  district. 
Although  this  was  not  the  object  of  their  planting, 
there  are  many  well-authenticated  cases  where  these 
trees  have  afforded  protection  to  pedestrians  from  the 
horns  of  infuriated  steers. 

The  history  of  Santa  Clara  County  is  divided  into 
three  distinct  periods :  The  grazing,  or  stock-growing 
era;  the  agricultural,  or  grain-growing  era;  and  the 
horticultural,  or  fruit-and-vine-growing  era,  and  the 
lines  between  them  are  plainly  marked.  The  mission 
and  the  pueblo  were  both  pastoral  communities,  and 



by  them  was  inaugurated  the  first  era;  the  second 
came  with  the  American  occupation,  while  the  third 
dates  its  birth  from  the  advent  of  the  transcontinental 

From  the  founding  of  the  two  original  colonies  up 
to  the  American  occupation,  the  Santa  Clara  Valley- 
has  no  history  of  importance,  and,  in  fact,  no  records 
from  which  history  could  be  written,  except  the  mis- 
sion archives.  The  population  increased  as  the  fer- 
tility of  the  soil  became  known,  and  in  a  very  few 
years  the  Spaniards  had  taken  possession  of  all  the 
then  desirable  land  without  reference  to  the  rights  of 
the  natives.  In  fact,  the  Indians  were  not  considered 
to  have  any  rights,  unless  they  had  placed  themselves 
under  the  protection  of  the  mission.  The  herds 
increased  more  rapidly  than  the  population,  and  it  was 
but  few  years  until  the  entire  plain  was  covered  with 
cattle,  horses,  and  sheep.  The  latter  were  grown 
principally  for  their  wool,  from  which  the  people 
manufactured  their  clothing;  the  horses  were  used  for 
transportation  and  in  the  care  of  their  herds,  while 
their  chief  dependence  was  their  cattle.  Money  was 
exceedingly  scarce,  and  its  substitute  was  hides  and 

Outside  of  the  pueblo  all  was  grazing  land, 
and  any  citizen  of  good  character,  who  had  cattle, 
could  have  assigned  to  him  a  tract  of  any  reasonable 
extent.  These  grants  were  called  rauclios,  and  ihe 
grantees,  ranclieros.  There  were  no  regular  lines 
dividing  the  ranchos,  their  boundaries  being  deter- 
mined by  certain  permanent  landmarks.  The  grants 
usually  ran  f  jr  a  specified  number  of  leagues,  which 
were  measured  in  a  very  primitive  manner.  Two 
men  on  horseback,  with  a  measuring  line  of  rawhide, 
would  ride  around  the  boundaries,  accompained  by  a 
judge  and  witnesses.  In  addition  to  the  impossi- 
bility of  horsemen  making  accurate  measurements, 
the  rawhide  rope  would  either  stretch  or  shrink 
according  to  the  state  of  the  atmosphere.  But  this 
was  a  matter  of  little  consequence  at  that  time.  The 
land  was  worth  nothing  to  the  Government,  and  if 
the  measurements  varied  a  few  leagues  from  the 
amount  specified  in  the  grant  it  made  no  particular 
difference  so  long  as  it  did  not  conflict  with  previ- 
ous grants.  There  were  generally  no  improvements 
except  some  rough  buildings  and  corrals,  many  of 
the  rancheros  residing  at  the  pueblo.  There  were 
no  fences,  the  cattle  roaming  at  will  through  the 
country,  the  owners  relying  on  their  brands  and  ear- 
marks for  identification.  At  a  specified  time  each 
year,  generally  about  the  middle  of  March,  earlier  or 

later  according  to  the  peculiarities  of  the  season,  all 
of  the  cattle  were  brought  up,  the  proper  brands  and 
marks  placed  on  the  calves,  and  returned  to  their 
respective  ranchos. 

These  annual  segregations  were  termed  rodeos,  and 
were  attended  by  all  the  rancheros  and  their  vaqueros^ 
or  herdsmen,  in  the  district.  This  was  necessary,  for 
the  reason  that  cattle  would  sometimes  stray  for  a 
distance  of  fifty  or  sixty  miles,  and  owners  of  large 
herds  would  find  some  of  their  property  on  nearly 
every  rancho  in  the  country.  Notice  of  a  rodeo 
would  be  given  by  sending  messengers  to  all  the  cattle 
owners  in  the  district,  and  these,  with  their  vaqueros, 
would  assemble  on  the  appointed  day  at  the  designated 
place.  All  the  cattle  on  the  rancho  were  gathered  in 
one  place,  where  each  ranchero  would  take  out  those 
bearing  his  brand,  including  unbranded  calves  which 
followed  their  mothers.  What  was  left  belonged  to 
the  owner  of  the  ranc  o.  It  often  happened  that 
calves  would  escape  the  rodeo  and  reach  maturity 
without  branding.  These  were  termed  orejana,  and 
belonged  to  no  one,  or,  more  properly,  they  belonged 
to  any  ranchero,  who,  finding  them  on  his  rancho, 
would  take  them  up  and  mark  them.  The  party 
would  move  from  rancho  to  rancho  until  all  the  cattle 
in  the  district  had  been  through  the  rodeo.  The 
rodeo  season  was  one  of  festivity.  On  each  rancho 
entertainment  was  furnished  for  all,  and  evenings 
devoted  to  music,  dancing,  and  feasting  would  follow 
each  day's  work. 

Some  idea  of  the  number  of  cattle  in  this  district  may 
be  had  from  the  statement  that  one  ranchero,  Joaquin 
Bernal,  who  occupied  the  Santa  Teresa  Rancho,  about 
eight  miles  south  of  San  Jose,  branded  about  five  thou- 
sand head  of  calvjs  each  year.  This  cattle  business 
developed  the  settlers  into  the  best  horsemen  in  the 
world.  They  lived  in  the  saddle,  and  it  was  said  that 
any  one  of  them  would  walk  two  miles  for  the  purpose 
of  catching  up  a  horse,  in  order  that  he  might  ride 
half  a  mile.  In  fact,  it  was  unsafe  for  a  pedestrian  to 
be  outside  the  pueblo.  The  wandering  cattle  would 
often  attack  a  man  on  foot,  while  they  would  make 
no  demonstration  against  one  who  was  mounted. 
Some  of  the  feats  of  these  horsemen  seem  incredible. 
They  would,  at  full  gallop,  ride  down  a  wild  bull, 
seize  it  by  the  tail,  pass  it  under  his  legs,  and  throw 
him  on  his  back  without  slacking  speed.  Placing  a 
Mexican  dollar  between  each  knee  and  the  saddle, 
they  would  leap  hurdles  without  displacing  the  coin. 
They  could  pick  up  any  article  from  the  ground  with 
their  horses  running  at  the  top  of  their  speed.     Their 



animals  were  trained  so  that  they  hardly  needed  the 
rein  for  their  control.  The  young  men  especially 
took  great  pride  in  the  education  of  their  horses,  and 
it  was  not  an  unusual  thing  to  see  a  party  of  these 
caballeros  with  guitars  in  their  hands  and  mounted  on 
their  gaily-caparisoned  steeds,  marching  through  the 
streets  of  the  pueblo,  playing  on  their  instruments^ 
and  at  the  same  time  controlling  their  animals  so 
that  they  kept  perfect  time  to  the  music.  Their 
dexterity  with  the  lasso  or  riata,  as  it  was  more  fre- 
quently called,  was  no  less  astonishing.  As  an 
offensive  weapon  it  was  more  effective  in  their  hands 
than  knife  or  pistol.  With  it  they  could,  without  dis- 
mounting, catch,  throw  down,  and  tie  the  wildest  and 
fleetest  steer  on  the  plains;  and  there  are  many 
stories  now  current  of  the  same  exploit  having  been 
performed  on  the  fierce  grizzly  of  the  mountains. 

After  the  rodeo  came  the  butchering  season,  or 
matansa,  as  they  called  it.  This  was  the  annual 
slaughtering  of  cattle  for  their  hides  and  tallow,  and 
usually  occurred  in  May,  or  at  a  time  in  the  spring 
when  the  season  was  far  enough  advanced  to  predict 
with  sufficient  certainty  as  to  the  amount  of  feed  that 
would  be  produced  ;  and  on  this  depended  the  number 
of  cattle  slaughtered,  as  their  object  was  to  keep  only 
as  many  as  they  could  furnish  pasturage  for.  The 
matanza,  from  an  esthetic  point  of  view,  is  not  near!)- 
so  attractive  as  the  rodeo,  but  it  was  fully  as  neces- 
sary, for  this  was,  practically,  the  gathering  of  the 
annual  crop.  The  beeves  were  killed  and  skinned  and 
the  hides  dried  in  the  sun;  the  best  of  the  tallow  was 
removed  and  placed  in  bags  made  of  hides;  the  other 
fat  was  made  into  soap.  The  best  pieces  of  meat  were 
cut  into  thin  strips  or  torn  into  shreds  and  dried  in 
the  sun,  thus  making  what  the  Mexicans  called  came 
seca,  and  which  was  known  to  the  Americans  as 
"jerked  beef"  The  hides  and  tallow  were  sold  either 
to  the  vessels  at  San  Francisco  or  to  local  dealers  at 
the  pueblo,  and  these  two  articles  were  all  that  these 
primitive  people  had  to  export  from  this  fertile  valley, 
the  "Garden  of  the  World."  What  a  change  has 
half  a  century  wrought !  The  average  market  price 
of  the  hides  was  a  dollar  and  a  half  in  cash  or  two 
dollars  in  trade,  while  tallow  brought  three  cents  per 
pound  in  trade.  These  prices  were  within  the  recol- 
lection of  the  "oldest  inhabitant,"  and  they  must  have 
been  much  less  before  the  advent  of  the  Americans. 

The  old  records  of  Eastern  commercial  houses  show 

that  their  vessels  were  sometimes  compelled  to  remain 

a   full    year    on  this  coast  before  they   could  obtain 

sufficient  quantity  of  hides  and  tallow  to  pay  for  the 


goods  brought  out  for  barter  with  the  rancheros. 
This,  however,  was  only  when  the  season  was  unfavor- 
able for  stock.  The  dwellings  of  these  people,  although 
lacking  in  architectural  adornment,  were  solidly  built 
and  very  convenient.  The  material  used  was  the 
black  soil  of  the  lowlands,  which  was  mixed  with  straw 
and  moulded  into  bricks  eighteen  inches  square  and 
three  inches  thick.  These  bricks  were  dried  in  the 
sun  and  laid  in  the  walls  with  a  mortar  made  of  the 
same  material.  The  rafters  were  rough  poles  denuded 
of  bark,  while  the  roof  was  of  rushes,  called  tides,  and 
fastened  with  rawhide  thongs.  In  later  days  the  tule 
roof,  in  the  more  pretentious  buildings,  gave  place  to 
the  tile,  a  heavy,  cumbrous  arrangement,  but  less 
impervious  to  water  and  not  so  susceptible  to  fire. 
The  bricks  were  called  adobes,  and  they  gave  their 
name  to  the  soil  from  which  they  were  made. 

Their  agricultural  products  were  limited,  and  their 
implements  rude.  They  cared  to  raise  no  more  than 
was  necessary  for  their  own  subsistence.  Wheat, 
beans,  maize,  melons,  and  pumpkins  constituted  nearly 
their  entire  crop,  although  the  different  fruits  were 
cultivated  to  some  extent  at  the  mission.  Stewed 
beef  and  beans,  well  seasoned  with  red  peppers  (cJiili 
Colorado)  was  their  principal  dish,  while  for  bread  they 
used  the  tortdla,  a  flat,  wafer-like  cake  made  generally 
of  wheat  flour,  but  frequently  of  corn  meal,  and  was 
baked  on  flat  irons  before  the  fire.  This  was  a  rude 
sort  of  diet,  but,  with  their  skill  in  preparation,  it  was 
very  palatable  and  wholesome;  dyspepsia  was  an  un- 
known disease  among  them.  Their  plows  were  con- 
structed from  branches  of  trees,  where  a  proper  crook 
could  be  found,  the  portion  representing  the  point  and 
share  being  sometimes  shod  with  a  bullock's  horn  or 
iron.  An  oak  branch  served  the  purpose  of  a  harrow. 
Their  beasts  of  burden  were  o.xen ;  horses,  although 
numerous,  were  hardly  ever  used  for  this  purpose. 
The  yoke  was  placed  across  the  foreheads  and  fastened 
with  rawhide  thongs.  Their  vehicles  had  but  two 
wheels,  and  these  were  sections  of  a  log  with  holes 
bored  through  the  center  for  the  insertion  of  the  axles, 
which  were  held  in  place  by  hard-wood  pins  on  each 
side.  There  was  no  lubricator  known  that  would 
modify  the  unearthly  screeching  emitted  from  these 
rude  carts  when  in  motion.  A  good  representation 
of  these  rude  vehicles  will  be  found  in  the  picture  of 
the  Santa  Clara  Mission  on  the  following  page. 

The  crops  were  cut  with  a  sickle  or  any  other  im- 
plement that  would  serve  the  purpose.  The  grain- 
fields  were  protected  from  invasion  by  the  wandering 
herds  of  horses  and  cattle  by  means  of  rows  of  brush. 


or  ditches.  Their  methods  of  threshing  were  still 
more  rude.  The  process  is  thus  described  by  Judge 
R.  F.  Peckham,  a  pioneer  of  1846 : — 

"  The  floor  of  the  corral,  into  which  it  was  custom- 
ary to  drive  horses  and  cattle  in  order  to  lasso  them, 
from  constant  use  had  become  hardened.  Into  this 
inclosure  the  grain  would  be  piled,  and  upon  it,  the 
manatlia,  or  band  of  mares,  would  be  turned  loose  to 
tramp  out  the  seed.  The  wildest  horses,  or  mayhap 
the  colts  that  had  been  driven  but  once,  and  then 
to  be  branded,  would  be  turned  adrift  upon  the 
straw,  when  would  ensue  a  scene  of  the  wildest  con- 


fusion,  the  excited  animals  being  urged,  amidst  the 
yelling  of  vaqueros  and  the  cracking  of  whips — here, 
there  and  everywhere,  around,  across,  and  length- 
wise— until  the  whole  was  trampled  and  naught  waS 
left  but  the  grain  and  chaff.  The  most  difficult 
part,  however,  was  the  separating  of  these  two  ar- 
ticles. Owing  to  the  length  of  the  dry  season  there 
was  no  urgent  haste  to  effect  this;  therefore,  when 
the  wind  was  high  enough,  the  trampled  mass  would 
be  tossed  into  the  air  with  large  wooden  forks  cut 
from  the  adjacent  oaks,  the  wind  carrying  away  the 
lighter  chaff  and  leaving  the  heavier  grain.  With  a 
favorable  breeze  several  bushels  of  wheat  could  thus 
be  winnowed  in  the  course  of  a  day;  while  strange 
as  it  may  appear,  it  is  declared  that  grain  so  sifted 
was  much  cleaner  than  it  is  now." 

From  the  same  source,  also,  we  have  the  following 
description  of  an  old-time  Spanish  mill:^ 

"The  mill  in  which  their  grain  was  ground  was 
made  of  two  stones,  as  nearly  round  as  possible, 
of  about  thirty  inches  in  diameter,  and  each  being 
dressed  on  one  side  to  a  smooth  surface.  One  was 
set  upon  a  frame  some  two  feet  high,  with  the  smooth 
face  upwards;  the  other  was  placed  on  this  with 
the  even  face  downwards,  while  through  an  inch 
hole  in  its  center  was  the  wheat  fed  by  hand.  Two 
holes  drilled  partly  through  each  admitted  an  iron 
bolt,  by  means  of  which  a  long  pole  was  attached. 
To  its  end  was  harnessed  a  horse,  mule,  or  donkey, 
and  the  animal  being  driven  round  in  a  circle  caused 
the  stone  to  revolve.  We 
are  informed  that  these 
mills  were  capable  of  grind- 
ing a  bushel  of  wheat  in 
about  twelve  hours  \  " 

The  people  themselves 
were  of  a  light-hearted, 
joyous  temperament,  best 
described  by  our  word 
"jolly."  They  never  made 
a  toil  of  a  pleasure,  nor 
permitted  labor  to  inter- 
fere with  their  amusements. 
With  all  this  they  were  rev- 
erent in  religious  matters, 
the  women  in  particular 
being  very  devout  in  their 
observance  of  all  the  church 
ordinances.  The  men  al- 
ways uncovered  in  passing 

the     church     door,    which 

was  always  open.  Their  principal  amusements  were 
competitive  trials  of  horsemanship,  music,  dancing, 
bull-fighting,  and  gambling.  Bull-fighting  was  abol- 
ished by  law  in  1854,  but  no  legislative  enactment 
could  ever  restrain  the  Spaniard's  passion  for  gam- 
bling. They  would  gamble  on  horse-races,  cock-fights, 
bull  and  bear-fights,  but  their  principal  game  was 
monte,  and  at  this  they  would  wager  money,  horses, 
cattle,  and  even  the  clothing  from  their  backs.  With- 
in the  memory  of  some  of  the  older  pioneers  are  the 
names  of  many  rich  families  who  were  reduced  from 
affluence  to  poverty  by  this  vice.  To  obtain  money 
with  which  to  gratify  this  passion,  lands  would  be 
pledged  or  sold,  and,  in  this  manner,  vast  domains 
were  lost  to  the  original  holders.  With  all  this,  they 
were  a  temperate  people,  into.xication  being  almost 
entirely  unknown  prior  to  the  American  occupation. 
Their  disputes  were   few  and   easily  adjusted.     The 



administration  of  justice  was  simple  and  effective,  and 
the  results  j^enerally  satisfactory,  the  more  so  because 
cases  were  decided  on  their  merits  and  not  on  techni- 
calities. Judge  Peckham  says  of  the  administration 
of  justice  under  the  Mexican  regime: — 

"  There  were  neither  law  books  nor  lawyers,  while 
the  laws  were  mostly  to  be  found  in  the  traditions  of 
the  people.  The  head  officer  in  each,  village  was  the 
Alcalde,  in  whom  was  vested  the  judicial  function,  who 
received,  on  the  enactment  of  a  new  law,  a  manuscript 
copy  called  a  baiido,  upon  the  obtaining  of  which  a 
person  was  sent  round  beating  a  snare  drum,  which 
was  the  signal  for  the  assemblage  of  the  peo[ile  at  the 
Alcalde's  office,  where  the  act  was  read,  thus  promul- 
gated, and  forthwith  had  the  force  of  law.  When  a 
citizen  had  cause  of  action  against  another,  requiring 
the  aid  of  court,  he  went  to  the  Alcalde  and  verbally 
stated  his  complaint  in  his  own  way,  and  asked  that 
the  defendant  be  sent  for,  who  was  at  once  summoned 
by  an  officer,  who  simply  said  that  he  was  wanted  by 
the  Alcalde.  The  defendant  made  his  appearance 
without  loss  of  time,  where,  if  in  the  same  village,  the 
plaintiff  was  generally  in  waiting.  The  Alcalde  com- 
menced by  stating  the  complaint  against  him,  and 
asked  him  what  he  had  to  say  about  it.  This  brought 
about  an  altercation  between  the  parties,  and,  nine 
times  out  of  ten,  the  Alcalde  could  get  at  the  facts  in 
this  wise,  and  announce  judgment  immediately,  the 
whole  suit  not  occupying  two  hours  from  its  begin- 
ning. In  more  important  cases  three  '  good  men ' 
would  be  called  in  to  act  as  co-justices,  while  the  tes- 
timony of  witnesses  had  seldom  to  be  resorted  to.  A 
learned  American  judge  has  said  that  the  native  Cal- 
ifornians  were,  in  the  presence  of  their  courts,  gen- 
erally truthful.  What  they  know  of  false  swearing  or 
perjury  they  have  learned  from  their  associations 
with  the  Americans.  It  was  truthfully  said  by  the 
late  Edmund  Randolph,  that  the  United  States  Board 
of  Commissioners  to  settle  private  land  claims  in  Cal- 
ifornia had  been  the  graves  of  their  reputations." 

Until  1803  the  only  church  in  the  jurisdiction  was 
the  mission  church  at  Santa  Clara.  In  that  year  the 
population  of  the  pueblo  and  surrounding  country 
had  increased  to  such  an  extent  that  it  was  considered 
necessary  that  a  place  of  worship  should  be  erected 
nearer  home. 

The  petition  for  the  establishment  of  a  chapel  within 
the  limits  of  the  pueblo  set  forth  not  only  that  the 
mission  church  was  too  distant  for  the  poblanos  to 
attend  regularly,  but  that  the  journey  was  fraught 
with  too  many  dangers.     What  constituted  the  haz- 

ard in  passing  this  short  distance  we  are  not  informed 
by  the  petitioners,  and  whether  it  was  the  danger  of 
being  gored  by  wild  cattle  or  of  being  drowned  by  the 
high  waters  of  the  Guadalupe,  is  left  to  conjecture. 
Whatever  criticisms  might  have  been  made  on  the 
petition,  they  did  not  amount  to  serious  objections, 
and  the  building  of  the  new  church  was  agreed  to. 
An  invitation  was  sent  to  Don  Jose  de  la  Guerra, 
commandante  at  San  Carlos  or  Carmel,  near  Mon- 
tery,  to  act  as  sponsor.  He  replied  that,  while  he  felt 
flattered  by  the  invitation,  his  daily  walk  was  so  full 
of  errors,  or,  as  he  put  it,  so  full  of  impiety,  that  he 
did  not  feel  himself  fit  for  the  duty;  but  he  appointed 
Don  Jose  Estudillo,  a  cadet,  to  officiate  in  his  place. 
The  corner-stone  was  laid  on  the  twelfth  day  of  July, 
with  appropriate  ceremonies.  The  following  state- 
ment, written  in  the  Spanish  language,  was  deposited, 
among  other  things,  in  the  stone,  and  gives  a  full  ac- 
count of  the  proceedings: — 

"  In  the  pueblo  of  San  Jose  de  Guadalupe,  the 
twelfth  of  July,  1803,  Sefior  Don  Carlos  IV.  being  King 
of  Spain,  Don  Jose  Joaquin  de  Arrillaga,  Governor  ad 
interim  and  Lieutenant-Colonel  of  the  Royal  Army; 
the  retired  sergeant,  Macario  de  Castro,  Commissioner 
of  the  Pueblo;  Ignacio  Archuleta,  ordinary  Alcalde, 
and  Bernardo  Heridia  and  Francisco  Gonzale.s,  regi- 
dores,  at  six  o'clock  on  the  evening  of  said  day  was 
made  the  consecration  of  the  first  stone  and  mortar 
of  the  church,  which  was  commenced  in  the  said  pu- 
eblo, dedicated  to  the  patriarch  Senor  St.  Joseph  and 
the  virgin  Guadalupe;  which  ceremony  was  celebrated 
with  much  solemnity  by  the  Reverend  Friar,  Jo  eph 
Viader,  minister  of  the  Santa  Clara  Mission;  Don 
Jose  Maria  Estudillo,  cadet,  acting  as  god-father,  by 
proxy,  from  Alferez  de  Jose  Antonio  de  la  Guerra  y 
Noriega,  commandante  at  the  presidio  at  Monterey, 
and  who  placed  under  the  first  stone  money  of  every 
sovereign,  and  a  duplicate  of  this  document,  in  a  bottle 
sealed  with  wax,  for  its  preservation  in  the  future;  and 
for  the  present  we  sign  it  in  the  said  pueblo,  the  day, 
month,  and  year  aforesaid. 

■f  ^  t-Qi-'-'M?      "Fr.  Jose  Viader, 

-^-*-'^'^'^-''  *  '^      "Jose  Maria  Estudillo, 
"  As  proxy  for  Alferez  de  la  Guerra  y  Noriega. 

"Macario  de  Castro,  Commissioner^ 

In  the  first  quarter  of  the  present  century  two  im- 
portant events  occurred  which  had  a  marked  effect 
upon  the  country.  We  refer  to  the  throwing  off  by 
Mexico  of  the  yoke  of  old  Spain  and  the  establish- 
ment of  the  Mexican  republic,  and  the  secularization 
of  the  missions.     The   independence  of  Mexico  was 



acknowledged  in  1 821,  and  the  practical  destruction 
of  the  missions  followed  soon  after.  As  early  as  18 13 
it  was  suggested  by  the  home  government  that  the 
missions,  as  a  distinct  institution,  had  accomplished 
their  work  and  could  be  turned  over  to  the  secular 
clergy,  and  the  services  of  the  Fathers  be  dispensed 
with.  It  is  thought  that  this  suggestion  was  animated 
by  a  desire  on  the  part  of  the  government  to  absorb 
the  "  pious  fund,"  a  revenue  which  had  been  set  aside 
for  the  support  of  the  missions.  Whether  or  not  this 
suspicion  was  true,  it  had  that  effect.  Some  idea  of 
the  work  accomplished  by  the  Fathers  up  to  this 
period  may  not  be  uninteresting.  Between  the  years 
1802  and  1822  seven  thousand,  three  hundred  and 
twenty-four  Indians  were  baptized  at  Santa  Clara 
Mission,  two  thousand  and  iifty-six  were  married,  six 
thousand  five  hundred  and  sixty-five  had  died,  and 
one  thousand  three  hundred  and  ninety-four  still  lived. 
It  is  estimated  that  there  were  four  thousand  Indians 
in  the  surrounding  rancherias  who  had  not  succumbed 
to  the  influence  of  the  Fathers,  and  were  what  were 
called  "wild." 

The  proposition  to  confiscate  the  pious  fund  was 
a  menace  which  tended  to  unsettle  affairs  at  the  mis- 
sion. As  Father  Gieeson  says  :  "It  was  not  to  be  ex- 
pected that  with  such  a  resolution  before  their  eyes 
the  Fathers  would  be  as  zealous  in  developing  the  nat- 
ural resources  of  the  country  as  before,  seeing  that 
the  result  of  their  labors  was,  at  any  time,  liable  to 
be  seized  on  by  the  government  and  handed  over  to 
strangers."  The  converts  soon  perceived  this  lack  of 
zeal  and  became  imbued  with  the  .same  spirit.  The 
new  republic  showed  as  much  hostility  to  the  mis- 
sions as  the  Spanish  crown  had  done,  and  finally, 
in  1826,  the  Federal  government  issued  an  order  to 
the  authorities  in  California  directing  the  liberation 
of  the  Indians,  and  a  few  years  later  an  act  was 
passed  by  the  Legislature  ordering  the  whole  of  the 
missions  to  be  secularized  and  the  religious  to  with- 
draw. To  justify  this  act,  it  was  stated  that  the 
missions  were  never  intended  to  be  permanent  estab- 
lishments, but  were  to  give  way,  after  a  time,  to  the 
regular  ecclesiastical  system,  when  the  people  would 
be  formed  into  parishes,  attended  by  a  secular  clergy. 
The  decree  was  passed  in  1833  and  put  in  force  in 
1834.  The  lands  were  handed  over  to  the  Indians  to 
work  or  to  abandon,  and  they  generally  chose  the 

When  the  decree  went  into  effect  there  were 
eighteen  hundred  Indians  at  the  mission  of  Santa 
Clara,   while    the    mission   owned  seventy-four  thou- 

sand two  hundred  and  eighty  head  of  cattle,  four 
hundred  and  seven  yoke  of  working  oxen,  eighty-two 
thousand  five  hundred  and  forty  sheep,  one  thou- 
sand eight  hundred  and  ninety  horses  broken  to 
the  saddle,  four  thousand  two  hundred  and  thirty- 
five  brood  mares,  seven  hundred  and  twenty-five 
mules,  and  one  thousand  hogs.  Eight  years  later 
there  were  only  four  hundred  Indians  at  this  mis- 
sion, with  fifteen  hundred  head  of  cattle,  two  hun- 
dred and  fifty  horses,  and  three  thousand  swine.  This 
decrease  continued  until  in  a  few  years  the  work  of 
the  missions  was  only  a  matter  of  history.  The  orig- 
inal cross  erected  by  Father  Pefia  still  stands  as  a 
monument  to  the  memory  of  the  fathers  whose  relig- 
ious zeal  led  them  into  the  wilderness  of  the  new 
world  for  the  of  teaching  to  the  benighted 
natives  the  doctrines  of  Christianity  and  the  arts  of 
civilization.  Some  remnants  of  the  orchards  planted 
by  them  are  still  in  existence,  and  show  how,  at  the 
very  commencement  of  the  history  of  this  country,  its 
future  destiny  was  indicated. 

The  first  enumeration  of  the  inhabitants  of  the  pu- 
eblo was  taken  in  1831,  and  showed  one  hundred  and 
sixty-six  men,  one  hundred  and  forty-five  women,  one 
hundred  and  three  boys,  and  one  hundred  and  ten 
girls,  making  a  total  of  five  hundred  and  twenty-four. 
This  would  not  seem,  now,  as  a  very  great  increase  of 
population  for  a  period  of  forty  years,  but  when  we 
consider  that  this  was  drawn  principally  from  colo- 
nies which  were  themselves  sparsely  peopled,  the 
growth  of  the  pueblo  of  San  Jose  de  Guadalupe  will 
be  more  justly  estimated.  The  colonists  had  nearly 
the  whole  Pacific  Coast  from  which  to  select  their  lo- 
cations, and  the  fact  that  so  many  chose  the  Santa 
Clara  Valley  shows  that  even  then  its  wonderful  fer- 
tility and  magnificent  climate  were  duly  appreciated. 

While  these  events  were  transpiring  in  this  locality, 
other  portions  of  the  Pacific  Coast  were  being  looked 
over  by  a  different  class  of  people.  Adventurous 
navigators  had  visited  the  different  natural  ports,  while 
Vancouver  had  made  his  survey  of  the  coast  along 
the  present  California  line.  The  Russian  fur  traders 
had  founded  Sitka,  and  extended  their  operations  even 
to  California.  Ships  from  the  East  India  Company 
visited  here  in  the  latter  part  of  the  last  century,  at 
which  time  American  vessels  began  to  make  their  ap- 
pearance. The  British  fur  companies  came  in  later, 
and  in  181 1  John  Jacob  Astor,  the  organizer  and  leader 
of  the  Pacific  Fur  Company,  founded  the  town  of 
Astoria  near  the  mouth  of  the  Columbia.  This  colony, 
however,  soon  succumbed  to  the  British  traders,  and 



many  of  the  colonists  came  to  California.  It  was 
from  the  ships  that  visited  this  coast  that  the  first 
foreigners  came  to  this  valley.  Overland  travel  to 
California  did  not  commence  until  the  forties.  The 
first  foreigner  to  locate  in  this  valley  was  John  Gilroy, 
who  was  a  sailor  on  board  a  vessel  belonging  to  the 
Hudson  Bay  Company,  that  touched  at  Monterey  in 
1 8 14.  He  was  a  Scotchman  and  the  causes  for  his 
abandoning  his  ship  are  differently  stated.  One  re 
port  is  that  he  had  a  quarrel  with  one  of  his  officers 
and  deserted,  while  it  is  just  as  positively  stated  that 
he  had  a  severe  attack  of  the  scurvy  and  was  left  on 
shore  to  be  cured.  However  that  may  have  been,  it 
is  well  authenticated  that,  in  that  year,  he  found  his 
way  into  this  valley  from  Monterey,  and  stopped  at 
San  Ysidro,  which  was  afterwards  named  Gilroy  from 

He  was  hospitably  received  and  finally  married 
into  the  wealthy  family  of  the  Ortegas.  He  was  a 
man  of  considerable  force  of  character,  and  accumu- 
lated a  large  property  in  lands  and  cattle,  but  at  last 
died  poor  in  1869.  His  real  name  was  said  to  be 
John  Cameron,  but  he  was  always  known  here  as 
Gilroy.  He  was  accompanied,  on  his  advent  into  this 
valley,  by  a  comrade  whom  he  called  "Deaf  Jimmy," 
who  tarried  but  a  short  time  and  then  went  north  of 
the  bay. 

Prominent  in  the  history  of  California  is  the 
name  of  Robert  Livermore,  also  a  native  of  Scotland, 
who  came  here  in  18 16,  but  remained  only  a  short 
time,  when  he  went  north  and  settled  in  the  valley 
which  now  bears  his  name.  In  those  early  days 
every  person  was  called  a  foreigner  who  was  not  a 
Spaniard  or  a  Mexican,  and  there  was  a  distinction 
made  even  between  these.  The  Spaniards,  or  Cas- 
tilians,  as  they  insisted  on  calling  themselves,  were 
those  whose  families  came  from  Spain  and  whose  de- 
scendants had  never  intermarried  with  the  natives  of 
the  New  World.  They  were  very  proud  of  the  purity 
of  their  blood.  The  Mexicans  were  the  descendants 
of  those  who  had  mixed  with  the  native  races  of 
Mexico,  and  into  whose  language  had  crept  many  of 
the  old  Aztec  words  and  phrases. 

In  i8i8  there  came  here  a  man  whose  name  is  his- 
toric in  this  community,  Don  Antonio  Sunol.  He 
was  a  native  of  Barcelona,  Spain,  but  had  served  in 
the  French  navy  under  the  First  Empire.  He  was 
an  officer  of  distinction  and  was  present  when  Napo- 
leon surrendered  after  Waterloo.  He  then  sought  the 
New  World  andsettled  inthis  valley,  where  he  achieved 
distinction,  wealth,  and  respect.     He  died  in  San  Jose 

in  1865,  after  an  experience  here  of  nearly  half  a 
century.  The  first  citizen  of  the  United  States  to 
settle  in  the  Santa  Clara  Valley  was  Philip  Doak. 
He  was  a  block  and  tackle  maker  employed  on  a 
whaling  vessel.  He  left  his  vessel  in  1 822  at  Monterey 
and  came  here,  settling  near  Gilroy.  He  located  him- 
self on  the  ranch  of  Mariano  Castro,  afterwards 
known  as  the  "Las  Animas,"  and  finally  married  one 
of  Castro's  daughters.  Matthew  Fellom  came  here  in 
the  same  year  and  located  near  San  Ysidro,  or  Old 
Gilroy,  as  it  is  now  called.  Fellom  was  a  Dane,  and 
also  belonged  to  a  whaler,  which  he  left  at  one  of  the 
northern  ports  and  made  his  way  overland  to  San 
Jose.  The  land  on  which  he  made  his  location  is 
now  owned  by  W.  N.  Furlong.     He  lived  until  1873. 

These  were  the  only  foreigners  that  we  have  any 
record  of  as  living  here  up  to  1830,  if  we  except  one 
William  Willis,  an  Englishman,  who  was  known  to 
be  in  the  pueblo  in  1828,  but  whose  antecedents  or 
subsequent  history  are  unknown.  It  has  been  esti- 
mated that,  at  this  time,  the  number  of  foreigners  in 
the  whole  of  California  did  not  exceed  one  hundred. 
From  this  time  on  the  arrivals  in  this  valley  became 
more  frequent.  John  Burton  came  here  in  1830;  he 
was  afterwards  Alcalde  of  the  pueblo.  Harry  Bee, 
the  oldest  living  inhabitant  of  the  county,  came  to 
this  valley  in  1833,  but  he  had  been  on  the  coast  for 
six  years  prior  to  that  time.  He  had  passed  most  of 
the  intervening  time  at  Monterey,  where  he  had  come 
in  1827  with  a  Dr.  Douglas,  a  naturalist.  He  was 
quite  active  during  the  Mexican  War,  performing  valu- 
able services  for  General  Fremont  as  scout  and 
courier.  At  the  same  time  came  William  Gulnac, 
James  Alexander  Forbes,  James  Weekes,  Nicholas 
Dodero,  John  Price,  William  Smith,  nicknamed  "Bill 
the  Sawyer,"  George  Ferguson,  Thomas  Pepper,  who 
the  Californians  called  "Pimiento,"  William  Welsh, 
a  man  called  "Blind  Tom,"  Charles  Brown,  and  a  per- 
son called  "Moche  Dan."  Thomas  Bowen  and  Will- 
iam Daily  came  in  1834.  Of  these,  several  were 
prominent,  either  in  the  early  days  or  in  the  later 
history  of  the  county.  Gulnac  was  for  many  years 
mayor  domo  at  the  Mission  San  Jose.  He  married  into 
the  Ceseiia  family.  Forbes  was  vice-consul  for  Great 
Britain.  Weekes  served  as  Alcalde  in  1847.  In  1838 
Henry  Woods  and  Lawrence  Carmichael  arrived. 

These  people  all  came  by  vessel  and  chance  decided 
their  location.  They  affiliated  with  the  Spanish  popu- 
lation, in  many  instances  marrying  into  their  families 
and  adopting,  to  a  great  extent,  their  customs  and 
methods  of  living.     Overland  ti  avel  commenced  about 



1841.  Even  before  this  tim.e  settlements  had  been 
made  in  Oregon,  and  that  country  was  much  better 
known  than  California.  For  this  reason,  and  because 
California  was  a  foreign  country,  nearly  all  the  over- 
land trains  were  pointed  to  Oregon.  Some  of  these 
having  reached  the  Sierras  and  hearing  something  of 
California,  came  here  instead.  In  1841  Josiah  Bel- 
den,  Charles  M.  Weber,  and  Grove  C.  Cook  came 
overland,  as  did  also  Henry  Pitts,  Peter  Springer, 
William  Wiggins,  and  James  Rock.  In  1843  Major 
S.  J.Hensley,  Julius  Martin,  Thomas  J.  Shadden,  and 
Winston  Bennett  made  the  trip  across  the  plains. 
The  advent  of  this  party  was  an  important  incident, 
as  with  it  came  three  ladies,  wives  of  Martin,  Shad- 
den, and  Bennett,  the  first  foreign  ladies  to  settle  in 
the  district.  The  next  year,  1844,  came  the  Murphy 
party.  The  history  of  these  people  is  important,  from 
the  fact  that  they  were  the  first  to  cross  the  mount- 
ains with  wagons,  and  that  from  their  advent  to  the 
present  time  they  have  been  an  important  factor  in 
the  development  of  the  State. 

Martin  Murphy,  Sr.,  was  bom  in  County  Wexford, 
Ireland,  November  12,  1785.  Here  he  grew  to  man's 
estate,  an  intelligent,  industrious,  and  pious  man,  but 
dissatisfied  with  the  meager  amount  of  political  liberty 
accorded  to  the  Irish  citizens  of  Great  Britain,  in  Ire- 
land. He  married,  at  an  early  age,  a  Miss  Mary 
Foley,  whose  family  afterwards  became  prominent  in 
America,  two  of  them  becoming  archbishops  and 
others  achieving  high  places  in  commercial  and 
manufacturing  pursuits.  Several  children  were  born 
to  Mr.  and  Mrs.  Murphy  in  Ireland.  As  the  family 
increased,  so  did  Mr.  MurpSy's  desire  for  larger  free- 
dom, and  in  1820  he  emigrated  to  Canada,  taking  all 
his  children  except  his  oldest  son,  Martin,  and  his 
daughter  Margaret.  He  settled  in  the  township  of 
Frampton,  near  Quebec,  v/here  he  purchased  a  tract 
of  land  and  commenced  to  create  a  home.  Two  years 
afterwards  his  son  Martin  and  his  daughter  Margaret 
joined  them  from  Ireland.  Martin,  Jr.,  went  to  work 
at  Quebec,  where  he  met  and  married  Miss  Mary 
Bulger,  July  18,  1831.  The  next  year,  the  cholera 
having  become  epidemic  at  Quebec,  young  Martin 
purchased  a  tract  of  land  near  his  father,  and  moved 
onto  it  with  his  family.  Old  Mr.  Murphy  was  still 
not  satisfied  with  his  political  surroundings  and  looked 
longingly  across  the  border  to  the  great  republic, 
beneath  the  folds  of  whose  starry  flag  perfect  re- 
ligious and  political  liberty  was  maintained.  Finally, 
in  1840,  he  removed  his  family  (except  his  sons  Mar- 

tin and  James,  with  their  families)  across  the  then 
western  wilds  to  the  State  of  Missouri,  and  settled  in 
Holt  County,  on  what  was  then  called  the  Platte  Pur- 
chase. Martin  Murphy,  Jr.,  who,  when  he  left  Quebec, 
had  settled  in  Frampton,  bought  land,  hewed  timbers, 
and  erected  a  roof-tree  for  his  young  family,  remained 
in  Canada  until  1842,  when  he  sold  his  property,  and, 
with  his  brother  James,  joined  his  father  in   Missouri. 

The  Murphys  were  essentially  a  family  of  pioneers; 
not  from  a  nomadic  disposition  that  rendered  them 
uneasy  unless  in  motion,  but  because  they  were  seek- 
ing certain  conditions  and  were  determined  not  to 
rest  until  they  found  them.  That  no  obstacle  would 
stop  them  in  their  search  for  political  liberty  was 
demonstrated  when  they  abandoned  their  native  land 
to  seek  a  home  in  America,  and  still  further  proved 
when  they  left  the  home  built  up  in  Canada,  for  the 
unknown  wilds  of  Missouri.  This  second  journey 
was  full  of  inconvenience,  and  at  that  early  day  was 
an  undertaking  formidable  enough  to  cause  the 
bravest  to  hesitate.  The  course  was  as  follows  :  Up 
the  St.  Lawrence  River  past  Montreal  and  across 
Lake  St.  Louis  to  Kingston;  thence  across  Lake 
Ontario  and  up  the  Niagara  River  to  Lewiston,  near 
the  Falls;  thence  across  the  country  to  Buffalo; 
thence  across  Lake  Erie  to  Cleveland;  thence  by 
canal  south,  across  the  State  of  Ohio,  to  the  town  of 
Portsmouth;  on  the  Ohio  River;  thence  down  the 
Ohio  to  the  Mississippi,  touching  at  Cincinnati  and 
Louisville;  thence  up  the  Mississippi  to  St.  Louis,  and 
thence  up  the  Missouri  to  the  Platte  Purchase. 

The  location  of  the  Murphy  settlement  was  a  few 
miles  below  the  present  site  of  the  city  of  St.  Joseph, 
but  at  that  time  there  was  nothing  but  a  primitive 
mill  used  for  grinding  corn.  The  place  occupied  by 
our  pioneers  was  called  by  them  the  "  Irish  Grove," 
in  memory  of  their  native  land.  They  had  purchased 
several  hundred  acres,  which  they  cultivated,  and 
proceeded  to  lay  the  foundations  of  a  home.  Here 
was  a  rich  soil,  which  responded  with  bounteous 
crops  to  the  efforts  of  the  husbandman,  and  here  also 
was  the  perfect  political  liberty  in  pursuit  of  which 
the  patriarch  had  traveled  thousands  of  miles,  en- 
countering dangers  by  land  and  by  sea.  But  there 
were  two  things  lacking — health  and  educational  and 
religious  privileges.  The  virgin  soil,  covered  with 
decayed  vegetation,  the  deposit  of  centuries,  was  the 
lurking-place  of  deadly  malaria,  and,  when  turned  up 
by  the  plow,  the  atmosphere  was  filled  with  germs  of 
that  dread  disease,  fever  and  ague,  the  scourge  of  the 
West  in  the  days  of  its  early  settlement.     There  were 

^yi€aji^^t^7^  ^.y^LMy 



no  schools  or  churches,  teachers  or  ministers  of  the  gos- 

All  of  our  settlers  were  attacked  by  the  prevalent 
disease,  and  some  of  them  died.  Among  these  were 
his  wife,  and  Eliza,  Mary,  and  Nellie,  daughters  of  his 
son  Martin.  Martin  Murphy,  the  head  of  the  family, 
was  in  anguish  of  mind  at  the  condition  of  affairs.  He 
was  a  devout  Catholic  and  had  reared  his  family  in  that 
faith.  He  saw  his  younger  children  and  his  grand- 
children growing  up  in  the  wilderness  with  no  religious 
instruction,  and  no  holy  priest  to  administer  the  con- 
solation of  the  church  to  the  sick  or  dying.  The 
absence  of  these  things  was  a  heavy  price  to  pay  for 
the  broad  domain  whose  fertile  soil  would  soon 
blossom  into  a  valuable  estate.  While  matters  were 
in  this  condition  the  settlement  was  visited  by  Father 
Hookins,  a  Catholic  missionary,  who  had  penetrated 
the  wilderness  to  administer  the  sacraments  to  those 
of  his  faith  who  located  their  homes  on  the  outskirts 
of  civilization.  He  found  the  Murphys  in  much  dis- 
tress, mourning  over  loss  of  loved  ones  and  full  of 
anxiety  as  to  the  fate  of  others  who  were  sick.  He 
was  a  man  of  wide  information  and  had  traveled 
much.  He  had  met  brothers  in  the  church  who  had 
described  the  glorious  climate  and  fertile  soil  of  Cali- 
fornia, a  country  which  owed  its  settlement  to  the 
Mission  Fathers,  and  where  the  cross  was  planted  on 
every  hill-side  and  in  every  valley,  and  which  was 
under  a  government  of  which  Catholicism  was  the 
established  religion.  All  these  things  Father  Hook- 
ins  told  the  bereaved  family  in  the  days  that  he  passed 
with  them,  trying  to  answer  their  eager  inquiries 
with  detailed  information.  As  to  the  location  of  this 
wonderful  land  he  could  tell  them  that  it  was  on  the 
shore  of  the  Pacific  Ocean,  and  that  it  lay  in  a  westerly 
direction  from  fever-stricken  Missouri,  but  as  to  the 
distance,  route,  or  character  of  the  country  or  people 
intervening,  he  had  no  knowledge  that  would  be  use- 
ful to  anyone  attempting  the  journey.  But  in  spite 
of  this  lack  of  all  information  as  to  how  to  reach  this 
Arcadia,  when  Martin  Murphy  announced  his  inten- 
tion to  seek  it,  he  found  his  entire  family  ready  to 
follow  him.  We  cannot  sufficiently  admire  the 
indomitable  mind  that  could  make  so  great  a  deter- 
mination with  so  little  hesitation. 

Men  have  made  perilous  expeditions  upon  com- 
pulsion or  in  quest  of  glory,  but  this  proposition  of 
the  Murphy  family  to  cross  pathless  plains  and  track- 
less deserts,  and  scale  inaccessible  mountains,  with 
uncertainty  as  to  food  supplies  and  the  certainty  of 
meeting  tribes  of  Indians,  almost  sure  to   be  hostile, 

and  to  do  this  with  half  a  dozen  men  and  boys,  with 
a  larger  number  of  helpless  women  and  children, 
meets  no  parallel  in  history.  The  voyage  of  Colum- 
bus when  America  was  discovered,  contained  no 
element  of  danger — only  uncertainty.  His  path  was 
defined;  he  would  sail  due  west,  taking  sufficient  pro- 
visions; if  in  a  certain  time  he  met  no  land  he  would 
return  by  the  same  easy  route.  It  was  a  venture  that 
required  but  a  small  portion  of  the  courage,  and 
involved  none  of  the  labor,  entailed  upon  the  Murphy 
party.  Much  has  been  said  and  written  to  the  glory 
of  Fremont,  called  the  Pathfinder,  who,  two  years 
later,  crossed  the  continent.  He  had  with  him  a 
large  body  of  hardy  and  experienced  frontiersmen, 
versed  in  all  knowledge  of  woodcraft,  and  inured  to 
exposure  and  hardships  of  all  kinds.  He  had  Kit 
Carson  and  his  company  of  scouts,  the  most  skillful 
ever  known  on  the  continent.  He  had  abundant 
supplies,  with  a  force  sufficient  to  cope  with  any  hostile 
band  he  might  encounter.  He  had  no  women  or 
helpless  children  to  impede  his  movements,  and  he 
had  the  trail  of  the  Murphy  party  to  guide  him.  In 
view  of  all  the  circumstances,  the  journey  of  these 
Missouri  emigrants  in  its  inception  and  consumma- 
tion transcends  everything  of  the  kind  of  which  we 
have  any  record. 

But  little  time  was  allowed  to  escape  after  the 
decision  was  made  to  seek  the  new  El  Dorado,  and 
the  first  of  March,  1844,  found  them  with  their 
belongings  at  Nisnabotna,  a  point  on  the  Missouri 
River,  in  the  northwest  corner  of  Missouri,  and  about 
fifty  miles  south  from  Council  Bluffs.  Here  they 
were  joined  by  a  party  made  up  by  Dr.  Townsend, 
and  they  also  found  a  large  number  of  others,  some 
forty  wagons  in  all,  but  most  of  these  were  going  to 
Oregon.  Those  bound  for  California  were  only  eleven 
wagons,  with  the  following-named  persons  composing 
the  party:  Martin  Murphy,  Sr.;  Martin  Murphy,  Jr., 
wife  and  four  children,  James,  Martin,  Patrick  W., 
Bernard  D.;  James  Murphy  and  wife  and  daughter 
Mary;  Bernard  Murphy,  John  Murphy,  Ellen  Murphy, 
Daniel  Murphy,  James  Miller  and  his  wife,  inr  Mary 
Murphy,  and  family;  Mr.  Martin,  father  of  Mrs. 
James  Murphy;  Dennis  Martin,  Patrick  Martin,  Dr. 
Townsend  and  wife,  Allen  Montgomery  and  wife. 
Captain  Stevens,  Mr.  Hitchcock,  Mrs.  Patterson  and 
family.  Mat  Harbin,  Mr.  Calvin,  John  Sullivan  and 
sister,  Robert  Sullivan,  Michael  Sullivan,  John  Flom- 
boy,  Joseph  Foster,  Oliver  Magnet  (a  Frenchman), 
Francis  Delanct,  old  Mr.  Greenwood,  John  Green-, 
wood,  Britton  Greenwood,  and   M.  Schallenbcrger. 



Notwithstanding  the  smallness  of  their  numbers, 
they  determined  to  go  on,  keeping  with  the  Oregon 
party  as  far  as  their  paths  ran  together;  after  that 
they  would  trust  to  their  own  resources  to  bring  them 
safely  through  to  the  promised  land.  They  proceeded 
north  to  Council  Bluffs,  where  they  organized  the 
entire  company  for  offense  and  defense.  Mr.  Stevens 
was  chosen  captain,  and  corporals  of  guard  were 
selected  from  among  the  younger  men.  After  laying 
by  for  a  few  days  in  order  to  make  repairs  and  perfect 
their  organization,  the  crossing  of  the  Missouri  River 
was  commenced. 

From  Mr.  Moses  Schallenberger  we  have  obtained 
many  of  the  particulars  of  this  famous  expedition. 
The  difficulties  that  met  the  party  at  this,  the  first 
stage  of  their  journey,  would  have  stopped  many 
stout-hearted  men.  The  wagons  were  safely  crossed 
in  a  rude  flat-boat,  and  it  was  intended  to  swim  the 
cattle.  The  river  was  full  and  they  refused  to  take 
the  water,  and  when  forced  in  would  swim  in  a  circle, 
trying  to  save  themselves  by  climbing  on  each  other's 
backs.  They  were  finally  permitted  to  return  to  the 
bank,  but  some  were  stuck  in  the  sand,  which  had 
been  tramped  by  them  until  it  was  as  tenacious  as 
quicksand.  When  the  water  receded,  a  few  of  the 
mired  cattle  were  dug  out  with  pick  and  spade,  but 
others  were  fastened  so  securely  and  deep  that  it  was 
impossible  to  rescue  them,  and  they  were  abandoned. 
It  was  a  question  whether  they  would  be  able  to  cross 
their  cattle  at  all.  At  last  an  expedient  was  hit 
upon.  Two  men  got  into  a  canoe  with  a  line,  which 
was  tied  round  the  horns  of  one  of  the  gentlest  of  the 
oxen.  The  ox  was  urged  into  the  water  until  he  was 
compelled  to  swim,  after  which  the  men  in  the  canoe 
could  easily  guide  him.  Other  cattle  were  then 
forced  into  the  stream,  and  following  the  lead  of  the 
first,  they  were  all  safely  crossed  to  the  other  side. 

They  were  now  in  the  country  of  the  Otoe  Indians, 
a  tribe  which,  though  not  considered  hostile,  had  a 
very  bad  reputation  for  honesty.  Of  the  people  of 
the  train  only  a  few  had  crossed  over  when  night 
came,  and  the  young  men  volunteered  to  go  over  and 
stand  guard.  Those  who  were  on  the  Otoe  side 
were  Martin  Murphy  and  his  family,  and  John  Sulli- 
van with  his  two  brothers  and  his  sister  Mary,  who 
afterwards  married  Mr.  Sherbeck,  of  San  Francisco. 
John  Murphy  and  Moses  Schallenberger  had  been 
chosen  corporals  of  the  guard.  They  were  mere  boys 
in  age,  not  over  seventeen  years,  but  were  excellent 
marksmen,  and  had  a  reckless  bravery  born  of 
frontier  life.     The  wagons  were   formed   into  a  corral 

by  drawing  them  into  a  circle  and  placing  the  tongue 
of  one  wagon  on  the  hind  wheel  of  the  one  in  front, 
thus  making  a  very  good  sort  of  a  fortification.  The 
guard  was  placed  outside  of  the  corral  and  relieved 
every  two  hours,  each  relief  being  in  charge  of  a 
corporal,  whose  duty  it  was  to  go  from  post  to  post 
and  see  that  each  sentinel  was  alert.  While  in  places 
where  the  cattle  might  be  lost  or  stolen,  it  was  cus- 
tomary to  graze  them  under  charge  of  herdsmen 
until  dark  and  then  to  bring  them  to  the  corral  and 
chain  them  to  the  wagons.  This  precaution  was 
taken  on  this  first  night  across  the  river,  on  account 
of  the  bad  reputation  of  the  Otoes. 

The  time  passed  quietly  until  midnight,  when  the 
young  corporals  became  disgusted  with  the  monotony 
and  resolved  to  play  a  joke  on  John  Sullivan.  The 
proposition  was  made  by  John  Murphy,  and  in- 
dorsed by  Schallenberger,  though  not  without  some 
misgivings  as  to  what  the  result  would  be  if  Martin 
should  detect  them.  But  to  be  assured,  they  informed 
Mr.  Murphy  of  the  plot,  who  entered  heartily  into  the 
spirit  of  the  scheme.  Accordingly,  John  unfastened 
Sullivan's  cattle  and  drove  them  some  distance  into 
the  woods,  and  he  then  gave  the  alarm.  Sulli- 
van, who  t  seems  had  all  night  been  convinced  in  his 
own  mind  that  the  Indians  were  hovering  about  the 
camp,  jumped  up  with  his  gun  in  his  hand,  and  all 
joined  in  pursuit  of  the  oxen.  After  a  long  chase,  in 
which  Sullivan  was  given  a  due  amount  of  exercise, 
the  cattle  were  again  captured  and  secured  to  the 
wagon,  Sullivan  returning  to  his  slumbers.  He  had 
barely  got  to  sleep  when  the  alarm  was  again  given, 
and  he  again  turned  out,  with  some  words  not  indicat- 
ing much  respect  for  the  thieving  Otoes.  This  time 
the  boys  had  driven  the  cattle  further  than  before,  and 
the  only  way  they  couldbefoUowed  was  by  theclinking 
of  the  yoke  ring.  During  the  chase,  Sullivan  climbed 
to  the  top  of  a  log,  and  stood  listening  intently  for 
this  sound.  John  Murphy,  who  was  lying  concealed 
behind  this  log,  when  he  saw  Sullivan  in  this  position, 
fired  into  the  air  with  his  gun,  which  was  a  shotgun 
heavily  loaded.  Sullivan  leaped  into  the  air,  and,  as 
soon  as  he  could  recover  himself,  ran  at  full  speed  to 
the  wagons,  crying  out  that  he  had  been  shot  by  an 
Indian.  In  the  meantime  the  cattle  were  recovered 
and  secured  to  the  wagon,  and  Sullivan  stood  guard 
over  them  until  daylight.  He  frequently  afterwards 
referred  to  the  narrow  escape  he  had  from  the  Indians 
in  the  Otoe  country. 

The  next  morning  the  captain,  in  commending  the 
courage  and  skill  of  the  young  men  in  twice  recaptur- 



ing  the  cattle,  expressed  his  surprise  that  Sullivan's 
oxen  should  have  been  taken  each  time  and  none  of 
the  others  disturbed.  The  boys  explained  this  by 
calling  attention  to  the  fact  that  Sullivan's  cattle 
were  white,  and  could,  on  that  account,  be  seen  better 
in  the  dark.  Two  days  aftel"  this  event  the  entire 
train  had  been  brought  across  the  Missouri  and  was 
rolling  toward  the  West.  The  "Horn,"  a  stream  en- 
countered before  reaching  the  Platte  River,  wascrossed 
by  sewing  rawhides  over  one  of  the  wagon  boxes  and 
thus  constructing  a  rude  ferry-boat.  The  wagons 
were  unloaded  and  taken  apart  and  put  across  the 
stream  in  this  boat,  which  occupied  much  time  and 
was  tedious  work.  The  horses  and  cattle  were  com- 
pelled to  swim.  This  was  the  last  stream  where  they 
were  compelled  to  swim  their  stock;  all  the  others 
they  were  able  to  ford.  No  striking  incident  occurred 
during  their  journey  through  the  Otoe  nation. 

Arriving  at  the  country  of  the  Pawnees,  they  found  a 
village  deserted  by  all  but  women,  children,  and  infirm 
old  men.  It  seems  that  a  short  time  previously  the 
Sioux  had  made  a  raid  on  them  and  exterminated 
nearly  all  their  able-bodied  men.  When  the  party 
received  this  intelligence  they  knew  they  would  not 
be  molested  while  in  the  Pawnee  country.  This  gave 
them  more  confidence  in  grazing  their  cattle,  but  the 
vigilance  of  the  guard  was  not  relaxed  at  night.  In 
fact,  the  Pawnees  were  not  considered  hostile ;  it  was 
the  Sioux  nation  from  which  they  had  most  to  fear, 
they  being  the  most  warlike,  cruel,  and  treacherous 
Indians  at  that  time  known  to  the  whites. 

Before  reaching  Laramie,  herds  of  buffaloes  were 
encountered.  The  first  were  a  few  old  bulls  which, 
not  being  able  to  defend  themselves  from  the  at- 
tacks of  the  younger  animals,  had  been  driven  from 
the  herd.  They  were  poor  and  scrawny,  but  as  they 
were  the  first  that  the  boys  had  seen  they  must  neces- 
sarily have  a  hunt.  After  putting  about  twenty 
bullets  into  the  body  of  one  old  patriarch,  they  suc- 
ceeded in  bringing  him  to  the  ground  within  fifty  feet 
of  the  wagons,  in  the  direction  of  which  he  had  charged 
when  first  wounded.  The  meat  was  poor  and  did  not 
pay  for  the  ammunition  expended  in  procuring  it. 
However,  before  Fort  Laramie  was  reached,  the  party 
were  able  to  secure  an  abundance  of  meat  from 
younger  buffaloes,  which  is  generally  conceded  to  be 
superior  to  that  from  any  other  animal. 

The  party  reached  Fort  Laramie  with  little  fatigue 

and  no  loss.     Here  they  found  about  four  thousand 

Sioux  encamped    round   the    fort.     They    had    their 

squaws  and  children  with  them,  and   for  this  reason 


were  not  considered  dangerous,  this  tribe  being  loth 
to  fight  when  accompanied  by  their  families.  While 
there  was  no  immediate  danger  to  be  apprehended, 
there  was  great  probability  that,  after  leaving  the  fort, 
they  would  encounter  a  hunting  or  war  party.  These 
bands  usually  consisted  of  from  one  hundred  to  five 
hundred  men,  unencumbered  by  women  or  children, 
and  never  were  known  to  waste  an  opportunity  to 
take  a  scalp.  The  party  remained  at  Laramie  several 
days,  having  a  good  camp,  with  plenty  of  grass  for 
their  stock.  They  traded  some  of  their  horses  for 
Indian  ponies,  thinking  they  were  more  hardy  and 
accustomed  to  the  work  on  the  plains.  They  also 
bought  moccasins  to  replace  their  boots  and  shoes, 
which  were  pretty  well  worn  out  by  their  long  tramp. 
In  resuming  the  march,  still  greater  precautions  were 
taken  to  prevent  surprise  by  the  Indians.  The  wag- 
ons were  kept  close  together,  so  that  they  could  be 
formed  into  a  corral  with  no  unnecessary  delay.  As 
the  Indians  in  those  days  had  no  fire-arms  it  was 
thought  they  could  be  kept  at  such  a  distance  that 
their  arrows  could  not  reach  the  pioneers.  Fortu- 
nately, the  party  had  no  use  for  these  precautions,  for 
no  Indians  were  encountered  until  the  Snake  nation 
was  reached. 

For  so  large  a  train,  the  party  was  unusually  har- 
monious, only  one  occasion  of  discord  having  arisen 
among  them.  This  occurred  while  passing  through 
the  Sioux  country.  The  orders  were  that  no  fires 
should  be  lighted  after  dark.  This  order  was  disre- 
garded by  an  old  gentleman  named  Derby,  who 
kept  his  fire  burning  after  hours.  Dr.  Townsend, 
who  had  charge  of  the  watch  that  night,  remonstrated 
with  the  old  man.  Derby  said  that  Captain  Stevens 
was  an  old  granny,  and  that  he  would  not  put  out  his 
fire  for  him  or  any  other  man.  However,  the  fire  was 
extinguished  by  Townsend,  who  returned  to  his  duties. 
A  few  minutes  only  had  elapsed  until  the  fire  was 
burning  as  brightly  as  before.  Dr.  Townsend  went 
again  to  Derby  and  told  him  he  must  put  the  fire  out. 
"No,"  answered  Derby,  "I  will  not,  and  I  don't  think 
it  will  be  healthy  for  anyone  else  to  try  it."  The 
Doctor,  seeing  that  argument  was  useless,  walked  up 
to  the  fire  and  scattered  it  broadcast,  saying  to  Derby 
at  the  same  time,  "It  will  not  be  well  for  you  to  light 
that  fire  again  to-night."  The  Doctor  was  known  to 
be  very  determined,  although  a  man  of  few  words, 
and  Derby's  fire  was  not  again  lighted.  But  the  next 
morning  he  complained  to  the  captain,  who  it  seems 
had  been  a  witness  to  the  transaction  of  the  night  be- 
fore.    Captain  Stevens  sustained  Dr.  Townsend,  and 



Derby,  with  an  oath,  declared  that  he  would  not  travel 
with  such  a  crowd,  and  he  actually  did  camp  about 
half  a  mile  behind  the  train  for  a  week  afterwards; 
but  he  lighted  no  fires  after  dark.  One  day  when  the 
party  had  stopped  for  noon,  some  of  the  boys,  return- 
ing from  a  buffalo  hunt,  reported  that  they  had  seen 
a  band  of  Sioux.  That  night  Derby  camped  with 
the  train  and  remained  with  them  afterwards,  cheer- 
fully submitting  to  all  the  rules. 

John  Murphy  had  been  quite  ill  for  some  time,  but 
was  now  recovered  sufficiently  to  get  around.  He 
was  anxious  to  go  on  a  buffalo  hunt  and  persuaded 
Schalienberger  to  accompany  him.  The  boys  were 
quite  proud  of  their  skill  as  hunters,  and  promised  the 
camp  a  good  supply  of  fresh  meat  on  their  return. 
They  started  early  in  the  morning,  well  mounted  and 
equipped  for  their  expedition.  They  saw  several 
bands  of  buffaloes,  and  followed  them  nearly  all  day, 
but  in  spite  of  all  their  strategy  they  were  unable  to 
get  near  enough  to  shoot  with  any  certainty.  Each 
herd  had  bulls  stationed  as  sentinels  on  the  higher 
grounds,  who  would  give  the  alarm  before  our  hunters 
could  get  within  reach.  Finally,  the  declining  sun 
warned  them  that  they  must  return.  Reluctantly 
they  turned  their  horses'  heads  toward  camp,  revolv- 
ing in  their  minds  the  big  promises  they  had  made 
before  setting  out  in  the  morning,  and  the  small  chance 
there  was  of  their  fulfillment.  They  had  seen  plenty 
of  antelope,  but  to  carry  antelope  into  camp,  when 
they  had  promised  buffalo,  would  be  considered  a  sort 
of  disgrace. 

On  the  return,  however,  the  herds  of  antelope  be- 
came more  numerous,  and  some  came  so  near  to  the 
hunters  that  Murphy  declared  he  was  afraid  they 
would  bite  him,  and,  drawing  up  his  rifle,  killed  one 
in  its  tracks.  Schalienberger  suggested  that  since  the 
antelope  was  dead  they  had  better  save  the  meat. 
They  dismounted  and  commenced  the  process  of 
butchering.  While  thus  engaged  their  horses  strayed 
towards  camp.  They  had  only  got  about  a  hundred 
yards  when  Schalienberger,  fearing  they  might  go  be- 
yond recall,  proposed  to  bring  them  back.  Taking 
from  his  waist  a  handsome  belt  containing  a  fine 
brace  of  pistols,  which  Mr.  Montgomery  had  made  for 
him,  together  with  shot  pouch  and  powder  horn,  he 
started  in  pursuit  of  the  horses.  He  overtook  them 
without  trouble,  and,  noticing  that  a  blanket  that  had 
been  on  Murphy's  horse  was  gone,  he  looked  for  it  on 
his  way  back  to  the  antelope.  Not  finding  it,  he 
called  to  Murphy,  who  joined  in  the  search.  They 
soon  found  the  blanket  and  started  to  return  to  their 

game  and  guns.  Much  to  their  surprise  they  could 
find  neither.  They  hunted  until  dark  without  success, 
and  then  turned  their  unwilling  course  towards  camp. 
They  fully  realized  the  ridiculousness  of  their  position. 
Starting  from  camp  with  much  boasting  of  the  large 
amount  of  buffalo  they  were  going  to  bring  in,  and  re- 
turning, not  only  with  no  meat,  but  without  arms  or 
ammunition — the  affair  was  altogether  too  humiliat- 
ing. As  they  went  along  they  concocted  one  story 
after  another  to  account  for  their  unfortunate  con- 
dition, but  each  was  rejected.  The  plan  that  seemed 
most  likely  was  to  say  that  they  had  been  captured 
by  Indians  and  robbed  of  their  arms;  but  this  story, 
after  careful  consideration,  was  voted  to  be  too  trans- 
parent, and  they  finally  resolved  to  face  the  music  and 
tell  the  truth.  Their  reception  at  camp  can  better  be 
imagined  than  described. 

The  next  day,  with  a  party  of  six  men,  they  went 
to  a  spot  they  had  marked  as  not  being  more  than 
three  hundred  yards  from  where  they  had  left  their 
guns,  and,  although  they  continued  the  search  for 
several  hours,  could  find  nothing.  There  were  thou- 
sands of  acres  covered  with  grass  about  four  feet  high, 
and  all  presenting  exactly  the  same  appearance;  it 
would  have  been  impossible  to  find  their  property  ex- 
cept by  accident. 

Thus  far  on  their  journey  the  emigrants  had  been 
taking  things  very  easy,  and  had  not  made  the 
progress  they  intended,  but  they  had  no  fears 
that  they  would  not  get  through.  Some  of  tl-.e 
party  were  getting  short  of  provisions,  but  this  gave 
them  little  trouble,  as  they  were  still  in  the  buffalo 
country.  They  determined  to  stop  before  they  got 
entirely  out  of  the  buffalo  grounds  and  kill  and  dry 
enough  meat  to  last  them  through;  if  their  flour  be- 
came exhausted,  they  could  use  their  dried  meat  for 
bread  with  bacon  for  meat,  and  thus  get  along  very 
well.  Their  route  continued  up  the  Platte  and  Sweet- 
water, the  ascent  being  so  gradual  that  it  was  hardly 
perceptible.  They  lived  almost  entirely  on  fresh 
meat,  from  three  to  five  men  being  detailed  as  hunters 
each  day.  After  going  some  distance  up  the  Sweet- 
water, it  was  resolved  to  go  into  camp  and  remain 
long  enough  to  accumulate  sufficient  meat  for  the 
remainder  of  the  journey. 

As  the  American  bison,  or  buffalo,  is  now  practi- 
cally extinct,  and  their  existence  will  soon  be  beyond 
the  memory  of  even  the  oldest  inhabitant,  a  descrip- 
tion of  this  hunt  may  not  be  out  of  place  in  these 
pages.  John  Murphy,  Allen  Montgomery,  Joseph 
Foster,  and  Moses  Schalienberger  started  out  at  day- 



light,  intending  to  hunt  together,  but  they  soon  became 
separated,  Murphy  and  Foster  following  one  herd  of 
cows  and  Montgomery  and  Schallenberger  another. 

We  will  follow  the  latter  party,  gathering  our  facts 
from  Mr.  Schallenberger's  narration.  They  kept  after 
the  herd  all  day  without  being  able  to  get  within 
rifle  range,  owing  to  the  fact  that  a  picket  guard  of 
bulls  was  always  kept  on  the  highest  points,  who  gave 
the  alarm  on  the  approach  of  the  hunters.  Finally 
they  reached  a  large  mound  of  rocks,  under  shelter  of 
which  they  thought  they  might  reach  a  ravine  which 
would  furnish  cover  within  range  of  the  game.  They 
reached  the  top  of  the  mound,  and,  looking  over,  dis- 
covered an  old  bull  on  the  other  side,  fast  asleep.  To 
keep  out  of  sight  of  the  herd  they  would  be  compelled 
to  pass  in  front  of  his  nose.  They  crawled  along 
cautiously,  near  enough  to  touch  him  with  their  guns, 
and  they  began  to  hope  for  success  in  their  under- 
taking; but  as  soon  as  they  came  in  front  of  his  nose, 
he  seemed  to  wind  them,  and,  starting  up  with  a  snort, 
he  rushed  off  toward  the  cows  at  full  speed.  Aggra- 
vated by  their  failure,  Montgomery  sent  a  bullet  after 
the  bull,  which  tumbled  him  on  the  plain.  The  report 
of  the  rifle  startled  the  herd  and  caused  them  to  move 

The  hunters  followed  them  until  nearly  dark,  when 
they  stopped  at  a  small  tributary  of  the  Sweetwater 
to  drink.  Here  the  men,  by  crawling  on  their  stom- 
achs and  taking  advantage  of  a  few  grcasewood 
bushes  that  were  growing  here  and  there  over  the 
plain,  succeeded  in  approaching  within  about  two  hun- 
dred yards  of  the  game.  It  was  now  nearly  night- 
fall, and  although  the  distance  was  too  great  for  ac- 
curate shooting,  it  was  their  last  chance,  and  they  re- 
solved to  make  the  venture.  Selecting  a  good-look- 
ing cow,  they  both  aimed  at  her  heart.  At  the  word 
"fire"  both  rifles  were  discharged  simultaneously. 
The  bullets  struck  the  quarry  just  above  the  kidneys, 
and  her  hind  parts  dropped  to  the  ground.  The  hunt- 
ers concealed  themselves  behind  the  brush  and  re- 
loaded their  rifles.  In  the  meantime  the  entire  herd 
gathered  round  the  wounded  cow,  sniffing  the  blood 
and  pawing  and  bellowing. 

While  thus  engaged,  Montgomery  and  Schallen- 
berger emerged  from  their  concealment,  and,  advanc- 
ing to  about  seventy-five  yards,  shot  down  seven  of 
the  best  of  them;  but  as  they  advanced  nearer,  the 
herd  took  fright  and  galloped  off,  all  but  one  bull, 
which  remained  near  the  broken-backed  cow,  and 
showed  fight.  Two  bullets  were  fired  into  him,  and 
he  walked  off  about  forty  yards  and    laid   down  and 

died.  On  examining  the  cow  first  shot,  they  found 
the  two  bullet-holes  not  two  inches  apart,  but  neither 
one  was  within  three  feet  of  the  point  aimed  at. 

It  was  now  quite  dark,  and  they  could  not  return  to 
camp.  Accordingly,  they  made  their  bed  between 
the  carcasses  of  the  two  cows,  and,  butchering  the 
others,  carried  the  meat  to  this  place  to  protect  it  from 
the  wolves  These  animals  gathered  in  large  numbers 
and  made  night  hideous  until,  towards  morning,  they 
were  driven  off  by  a  huge  bear,  who  had  come  for  his 
breakfast.  As  soon  as  it  became  light  enough  to 
shoot,  Montgomery  and  Schallenberger  attempted 
to  kill  the  bear,  but  he  went  away  so  rapidly  that 
they  could  not  follow  him.  After  returning  from  pur- 
suit of  the  bear,  they  finished  butchering  their  game, 
which  process  consisted  of  cutting  out  the  choice 
pieces  and  leaving  the  rest  to  the  wolves.  Packing 
the  meat  on  their  horses,  they  started  for  camp  about 
three  o'clock  in  the  afternoon.  They  traveled  until 
after  dark,  but  could  find  no  camp.  The  moon  was 
in  the  third  quarter,  but  the  night  was  cloudy,  and 
they  became  bewildered.  They  traveled  all  night, 
walking  and  leading  their  horses.  At  daybreak  they 
crossed  the  trail  of  the  wagons  about  a  quarter  of  a 
mile  from  camp.  They  arrived  at  the  wagons  just  as 
the  guard  was  taken  off  They  were  nearly  worn  out 
with  fatigue,  but  Schallenberger  says  he  felt  a  great 
deal  more  cheerful  than  when  he  and  Murphy  came 
into  camp  with  neither  meat  nor  arms.  The  other 
hunting  parties  had  been  equally  successfully,  and  a 
week  was  spent  in  this  camp  killing  and  curing  meat, 
after  which  they  resumed  their  journey  up  the  Sweet- 
water. In  this  camp  was  born  to  Mr.  and  Mrs. 
James  Miller  a  daughter,  who  was  named  Ellen  In- 
dependence, from  Independence  Rock,  which  was 
near  the  place. 

They  continued  sending  out  hunting  parties  until 
they  reached  the  summit  of  the  Rocky  Mount- 
ains, when  the  buffalo  disappeared.  There  was  still 
plenty  of  deer  and  antelope,  which  rendered  it  un- 
necessary to  draw  on  their  supply  of  dried  meat.  On 
reaching  the  summit  they  saw  that  the  water  ran  to- 
wards California,  and  their  hearts  were  rejoiced  as 
though  already  in  sight  of  the  promised  land.  They 
had  no  idea  of  how  much  farther  they  had  to  go. 
They  had  already  come  hundreds  of  miles  and  natu- 
rally supposed  that  their  journey  was  nearing  its  end. 
Neither  did  they  realize  that  they  were  still  to  en- 
counter obstacles  almost  insurmountable  and  undergo 
hardships  compared  to  which  their  journey  thus  far 
had  been  a  pleasure  excursion, 



The  emigrants  now  moved  towards  Green  River, 
by  way  of  Little  and  Big  Sandy.  They  camped  on 
Big  Sandy  twenty-four  hours,  and  there  old  man 
Hitchcock  was  appointed  pilot  for  one  day,  he  saying 
that,  from  information  he  had,  he  could  take  them  to 
Green  River  by  a  cut-off  that  would  save  a  hundred 
miles'  travel.  By  this  route  he  thought  the  distance 
from  Big  Sandy  to  Green  River  was  about  twenty- 
five  miles.  Not  knowing  the  character  of  the  country, 
and  thinking  the  distance  was  short,  the  emigrants  did 
not  prepare  a  supply  of  water  to  take  with  them,  as  they 
might  have  done  and  saved  themselves  much  suffering. 

Starting  at  daylight  they  traveled  until  dark, 
most  of  the  distance  being  across  a  rough,  broken 
country,  but  found  no  Green  River  or  water  of 
any  kind.  At  last  they  were  compelled  to  halt  in 
the  midst  of  a  desolate  country,  tired  and  nearly 
famished  for  water.  The  poor  cattle  suffered  terribly, 
and  notwithstanding  their  precautions  in  herding 
them,  about  forty  head  of  cows  and  young  cattle 
broke  away  in  the  night.  The  next  morning  they 
pushed  forward  as  soon  as  it  was  light  enough  to  see, 
and  at  eleven  o'clock  reached  Green  River. 

This  was  their  first  real  hardship  on  the  march,  and, 
coming  unexpectedly,  it  found  them  unprepared,  and 
their  sufferings  were  much  greater  than  they  otherwise 
would  have  been.  The  next  morning  after  their 
arrival  at  Green  River,  they  detailed  six  men  to  hunt 
for  the  cattle  that  had  broken  loose  on  the  march 
from  Big  Sandy.  This  detail  consisted  of  Daniel 
Murphy,  William  Higgins,  Mr.  Bean,  Perry  Derby, 
Mat  Harbin  and  Moses  Schallenberger.  After  start- 
ing on  the  hunt,  a  difference  of  opinion  arose  as  to 
the  route  the  cattle  had  taken.  Murphy,  Schallen- 
berger, and  Bean  thought  they  had  taken  the  back 
track  to  the  Big  Sandy;  the  others  thought  they  had 
made  for  the  nearest  water,  which  was  at  Green  River, 
some  twelve  miles  below  the  point  reached  by  the 

Not  being  able  to  agree,  they  divided  the  party, 
Murphy,  Bean,  and  Schallenberger  going  back  to  the 
Sandy.  About  half  way  across,  while  this  party 
were  riding  along  in  Indian  file,  Murphy,  who 
was  in  advance,  suddenly  ducked  his  head,  threw 
his  body  over  to  the  side  of  his  horse,  and,  wheeling 
round,  signaled  to  the  others  to  do  the  same.  They 
obeyed,  and,  putting  their  horses  to  full  speed,  followed 
Murphy  to  a  small  canon,  which  they  ascended  for  a 
quarter  of  a  mile.  During  this  time  not  a  word 
had  been  spoken,  but  now,  coming  to  a  halt,  they 
inquired  what  was  the  matter.     Murphy    laconically 

replied,  "  Indians."  The  party  dismounted  and  tied 
their  horses,  and,  getting  down  on  their  stomachs, 
crawled  to  a  point  where  they  could  overlook  the 
plain.  Here  they  discovered  a  war  party  of  about  a 
hundred  Sioux,  who  were  so  near  that  their  conversa- 
tion could  be  distinctly  heard.  They  passed  within 
twenty  yards  of  the  spot  where  our  emigrants  were 
concealed,  without  discovering  them,  and  the  little 
party  drew  a  long  breath  of  relief  when  the  last  feath- 
ered top-knot  disappeared  down  the  horizon.  It  was 
a  close  call,  for  had  their  presence  been  known,  the 
little  band  of  whites  would  never  have  seen  the  golden 
plains  of  California. 

Again  mounting  their  horses,  they  proceeded  to 
the  Big  Sandy,  where  they  found  all  the  missing 
cattle.  Gathering  them  up,  they  passed  the  night 
in  their  old  camp,  and  the  next  morning  set  out  on 
their  return  to  Green  River.  They  had  proceeded 
only  half  a  mile  when  they  discovered  two  Indians 
on  horseback  on  the  top  of  a  hill  about  a  mile  dis- 
tant. In  a  couple  of  minutes,  two  more  made  their 
appearance  in  another  direction,  and  within  ten 
minutes  they  were  surrounded  by  a  couple  of  hundred 
Indians,  all  whooping  and  charging  in  a  manner  to 
strike  terror  to  the  bravest  heart.  There  seemed  no 
escape,  but  the  little  party  resolved  to  sell  their  lives 
as  dearly  as  possible.  In  the  short  time  they  had  for 
consultation,  it  was  determined  that  when  they  ap- 
proached within  range  each  man  should  select  his 
Indian,  shoot  him,  and  then  charge,  trusting  to  Provi- 
dence to  get  through  to  camp.  They  said  good-by 
to  each  other  and  waited  the  onset. 

About  twenty  of  the  Indians  were  in  advance  of  their 
party,  and  when  these  had  approached  to  a  distance  of 
two  hundred  yards,  the  emigrants  signed  to  them  to 
stop.  This  they  did,  and  sent  three  men  without 
arms  to  parley.  These  came  on  until  they  were  only 
fifty  yards  distant,  when  they  halted  and  held  out 
their  hands  as  a  sign  of  friendship.  Schallenberger 
says  that  at  this  sign  their  hair,  which  up  to  this  time 
had  been  standing  as  erect  as  the  quills  on  the  back 
of  a  porcupine,  began  to  resume  its  proper  position 
and  their  blood,  which  had  been  jumping  through 
their  veins  like  a  race-horse,  reduced  its  pace  to  a 
moderate  gait.  The  Indians  proved  to  be  a  party  of 
friendly  Snakes,  who  were  in  pursuit  of  the  band  of 
Sioux  from  which  our  party  had  had  such  a  narrow 
escape  the  day  before.  They  were  very  friendly,  and 
some  of  them  accompanied  our  friends  to  assist 
them  in  driving  their  cattle  quite  a  distance  on  their 



way  back    to  Green  River,  which  they  reached  about 
nine  o'clock  at  night. 

The  route  of  the  emigrants  now  lay  across  a 
broken  country  to  Bear  River,  where  they  found  old 
"  Peg-leg  "  Smith,  as  he  was  called.  He  was  one  of 
the  earliest  trappers  of  the  Rocky  Mountains,  and  was 
living  alone  in  the  hills.  He  had  a  band  of  fat  ponies, 
which  he  exchanged  for  some  of  the  poor  and  tired 
horses  of  the  train.  Proceeding  down  Bear  River, 
they  arrived  without  adventure  at  Fort  Hall,  which 
was  the  point  at  which  the  Oregon  party  was  to 
separate  from  those  going  to  California.  Here  they 
were  compelled  to  purchase  flour,  for  which  they  paid 
a  dollar  a  pound.  The  Murphy-Townsend  party  had 
started  with  a  supply  of  provisions  sufficient  for 
eight  mouths,  but  others  were  not  so  well  provided. 
In  fact,  several  had  run  out  of  flour  and  bacon  some 
time  previously,  and  the  others  had  divided  with 
them.  As  for  meat,  the  party  thought  they  had 
plenty;  if  their  dried  meat  and  bacon  became  ex- 
hausted, they  could  kill  the  young  cattle  they  had 
brought  along  for  that  purpose.  The  parting  with  the 
Oregon  party  was  a  sad  one.  During  the  long  journey 
across  the  plains,  many  strong  friendships  had  been 
formed,  and  the  separation  was  deeply  regretted  by 
all.  Our  emigrant  train  now  consisted  of  eleven 
wagons  and  twenty-six  persons,  all  as  determined  to 
push  on  to  California  as  on  the  day  they  left  Council 
Bluffs.  The  country  they  had  traversed  was  more  or 
less  known  to  trappers  and  hunters,  and  there  had 
not  been  much  danger  of  losing  their  way;  neither 
were  the  obstacles  very  formidable.  But  the  re- 
mainder of  the  route  lay  for  most  of  the  distance 
through  an  unknown  country,  through  which  they 
must  find  their  way  without  map,  chart,  or  guide, 
and,  with  diminished  numbers,  overcome  obstacles 
the  magnitude  of  which  none  of  them  had  any  con- 

After  remaining  at  Fort  Hall  for  several  days,  the 
party  resumed  its  march,  crossing  the  country  to 
Beaver  Creek,  or  Raft  River,  which  they  followed  for 
two  days;  thence  westward  over  a  broken  country  to 
Goose  Creek;  thence  to  the  head-waters  of  Mary's 
River,  or  the  Humboldt,  as  it  has  since  been  named. 
Here  they  encountered  the  Digger  Indians.  The 
language  of  this  tribe  was  unknown  to  old  man 
Greenwood,  who  had  hitherto  acted  as  pilot  and 
interperter,  but  by  use  of  signs  and  some  few  words 
of  the  Snake  language,  he  managed  to  converse  with 
them  in  a  limited  way.  The  journey  down  the 
Humboldt  was  very  monotonous.     Each  day's  events 

were  substantially  a  repetition  of  those  of  the  day 

There  was  plenty  of  good  grass,  and  the  party 
was  not  inconvenienced  by  the  alkali  water,  which 
caused  so  much  trouble  to  trains  that  afterwards 
came  over  this  route.  The  Indians  seemed  to  be 
the  most  indolent  and  degraded  of  any  that  the 
party  had  yet  encountered.  They  were  totally  with- 
out energy.  They  seemed  very  friendly  and  every 
night  hundreds  of  them  visited  the  camp.  This  they 
continued  to  do  during  the  entire  journey  down  the 
Humboldt,  a  distance  of  five  hundred  miles.  Al- 
though they  showed  no  signs  of  hostility,  the  emi- 
grants did  not  relax  their  vigilance,  and  guard  duty  was 
strictly  performed.  At  the  sink  of  the  Humboldt, 
the  alkali  became  troublesome,  and  it  was  with  diffi- 
culty that  pure  water  was  procured  either  for  the  peo- 
ple or  the  cattle.  However,  no  stock  was  lost,  except- 
ing one  pony  belonging  to  Martin  Murphy,  Sr.,  which 
was  stolen.  The  party  stopped  at  the  sink  for  a  week 
in  order  to  rest  the  cattle  and  lay  out  their  future 

Mr.  Schallenberger  states  that  their  oxen  were 
in  tolerably  good  condition;  their  feet  were  as  sound 
and  much  harder,  and  except  that  they  needed  a 
little  rest,  they  were  really  better  prepared  for  work 
than  when  they  left  Missouri.  The  party  seemed  to 
have  plenty  of  provisions,  and  the  only  doubtful 
question  was  the  route  they  should  pursue.  A  desert 
lay  before  them,  and  it  was  necessary  that  they  should 
make  no  mistake  in  the  choice  of  a  route.  Old  Mr. 
Greenwood's  contract  as  pilot  had  expired  when  they 
reached  the  Rocky  Mountains.  Beyond  that  he  did 
not  pretend  to  know  anything.  Many  anxious  con- 
sultations were  held,  some  contending  that  they  should 
follow  a  southerly  course,  and  others  held  that  they 
should  go  due  west.  Finally,  an  old  Indian  was  found, 
called  Truckee,  with  whom  old  man  Green  talked  by 
means  of  signs  and  diagrams  drawn  on  the  ground. 
From  him  it  was  learned  that  fifty  or  sixty  miles  to  the 
west  there  was  a  river  that  flowed  easterly  from  the 
mountains,  and  that  along  this  stream  there  were 
large  trees  and  good  grass.  Acting  on  this  informa- 
tion. Dr.  Townsend,  Captain  Stevens,  and  Joseph 
Foster,  taking  Truckee  as  a  guide,  started  out  to  ex- 
plore this  route,  and  after  three  days  returned,  report- 
ing that  they  had  found  the  river  just  as  the  Indian 
had  described  it.  Although  there  was  still  a  doubt  in 
the  minds  of  some  as  to  whether  this  was  the  proper 
route  to  take,  none  held  back  when  the  time  came  to 


start.  In  fact,  there  was  no  time  for  further  dis- 

It  was  now  the  first  of  October,  and  they  could  see 
that  if  a  heavy  fall  of  snow  should  overtake  them 
while  yet  in  the  mountains,  it  would  be  almost  im- 
possible for  them  to  get  through.  Thus  far  there  had 
been  no  trouble  with  the  Indians.  All  that  they  had 
met  had  been  treated  kindly,  and  the  natives  had 
rather  assisted  than  impeded  them  in  their  journey. 
It  had,  however,  required  constant  watching  on  the 
part  of  the  older  men  to  prevent  the  hot  blood  of  the 
younger  ones  from  boiling  over  now  and  then.  This 
was  particularly  the  case  with  John  Greenwood,  who, 
being  a  half-breed,  had  a  mortal  hatred  for  the  Indians. 
On  several  occasions,  when  an  ox  would  stray  away, 
he  would  accuse  the  natives  of  having  stolen  it,  and  it 
would  require  the  utmost  exercise  of  authority  to  pre- 
vent him  from  precipitating  hostilities.  It  seemed  as 
if  he  was  more  anxious  to  kill  an  Indian  than  to  reach 

On  the  morning  that  the  start  was  made  from  the 
sink  of  the  Humboldt,  a  general  engagement  be- 
came very  imminent.  Schallenberger,  whose  con- 
duct on  the  march  had  been  conspicuous  for  cool- 
ness and  discretion,  missed  a  halter  from  his  horse, 
and  on  searching  for  it  saw  one  end  projecting  from 
under  the  short  feather  blanket  worn  by  an  Indian 
who  was  standing  near.  Schallenberger  demanded 
the  halter,  but  the  Indian  paid  no  attention  ;  he  then 
attempted  to  explain  to  him  what  he  wanted,  but  the 
Indian  pretended  that  he  did  not  understand.  He 
then  took  hold  of  the  halter  to  remove  it,  when  the 
Indian  stepped  back  and  drew  his  bow.  Schallen- 
berger ran  to  the  wagon,  took  his  rifle,  and  drew  a 
bead  on  the  redskin,  and  was  about  to  pull  the  trigger 
when  Martin  Murphy  rushed  in  and  threw  up  the 
muzzle  of  the  gun.  The  whole  camp  was  in  con- 
fusion in  a  moment,  but  the  matter  was  explained, 
and  the  Indians  loaded  with  presents  until  they  were 
pacified.  If  the  Indian  had  been  killed,  there  is  no 
doubt  that  the  entire  party  would  have  been  mas- 
sacred. It  did  not  need  the  reprimand  that  Schallen- 
berger received  from  his  brother-in-law,  Dr.  Townsend, 
to  convince  him  of  his  folly,  and  no  one  regretted  his 
rashness  more  than  he  himself  did. 

The  party  left  the  sink  of  the  Humboldt,  having 
cooked  two  days'  rations  and  filled  all  the  available 
vessels  with  water.  After  traveling  with  scarcely  a 
halt  until  twelve  o'clock  the  next  night,  they  reached 
a  boiling  spring  at  what  is  now  Hot  Spring  Station, 
on  the  Central   Pacific  Railroad.     Here  they  halted 

two  hours  to  permit  the  oxen  to  rest.  Some  of  the 
party  dipped  water  from  the  spring  into  tubs,  and 
allowed  it  to  cool  for  the  use  of  the  cattle.  It  was  a 
sad  experiment,  for  those  oxen  that  drank  it  be- 
came very  sick.  Resuming  the  march,  they  traveled 
steadily  until  two  o'clock  the  next  day,  when  they 
reached  the  river,  which  they  named  the  Truckee,  in 
honor  of  the  old  Indian  chief,  who  had  piloted  them 
to  it. 

The  cattle,  not  having  eaten  or  drank  for  forty- 
eight  hours,  were  almost  famished.  This  march  was 
of  eighty  miles  across  an  alkali  desert,  knee  deep  in 
alkali  dust.  The  people,  having  water  in  their  wag- 
ons, did  not  suffer  so  much,  but  there  were  occasions 
when  it  was  extremely  doubtful  if  they  would  be  able 
to  reach  water  with  their  cattle.  So  crazed  were  they 
with  thirst  that  if  the  precaution  had  not  been  taken 
to  unhitch  them  while  yet  some  distance  from  the 
stream,  they  would  have  rushed  headlong  into  the 
water  and  wrecked  the  wagons  and  destroyed  their 
contents.  There  being  fine  grass  and  good  water 
here,  the  party  camped  two  days,  until  the  cattle  were 
thoroughly  rested  and  refreshed. 

Then  commenced  the  ever-to-be-remembered  jour- 
ney up  the  Truckee  to  the  summit  of  the  Sierras.  At 
first  it  was  not  di.scouraging.  There  was  plenty  of  wood, 
water,  grass,  and  game,  and  the  weather  was  pleasant. 
The  oxen  were  well  rested,  and  for  a  few  days  good 
progress  was  made.  Then  the  hills  began  to  grow 
nearer  together,  and  the  country  was  so  rough  and 
broken  that  they  frequently  had  to  travel  in  the  bed  of 
the  stream.  The  river  was  so  crooked  that  one  day 
they  crossed  it  ten  times  in  traveling  a  mile.  This  al- 
most constant  traveling  in  the  water  softened  the  hoofs 
of  the  oxen,  while  the  rough  stones  in  the  bed  of  the  river 
wore  them  down,  until  the  cattle's  feet  were  so  sore 
that  it  became  a  torture  for  them  to  travel.  The  whole 
party  were  greatly  fatigued  by  the  incessant  labor.  But 
they  dared  not  rest.  It  was  near  the  middle  of  Octo- 
ber, and  a  few  light  snows  had  already  fallen,  warning 
them  of  the  imminent  danger  of  being  buried  in  the 
snow  in  the  mountains.  They  pushed  on,  the  route 
each  day  becoming  more  and  more  difficult.  Each 
day  the  hills  seemed  to  come  nearer  together  and  the 
stream  to  become  more  crooked. 

They  were  now  compelled  to  travel  altogether  in 
the  bed  of  the  river,  there  not  being  room  between  its 
margin  and  the  hills  to  furnish  foothold  to  an  o.x. 
The  feet  of  the  cattle  became  so  sore  that  the  drivers 
were  compelled  to  walk  beside  them  in  the  water,  or 
they  could  not  be  urged  to  take  a  step;  and,  in  many 



instances,  the  teams  had  to  be  trebled  in  order  to  drag 
the  wagons  at  all.  On  top  of  all  these  disheartening 
conditions  came  a  fall  of  snow  a  foot  deep,  burying 
the  grass  from  the  reach  of  the  cattle,  and  threatening 
them  with  starvation.  The  poor,  foot-sore  oxen,  after 
toiling  all  day,  would  stand  and  bawl  for  food  all  night, 
in  so  piteous  a  manner  that  the  emigrants  would  for- 
get their  own  misery  in  their  pity  for  their  cattle.  But 
there  was  nothing  to  offer  them  except  a  few  pine 
leaves,  which  were  of  no  effect  in  appeasing  their 
hunger.  Still  the  party  toiled  on,  hoping  soon  to  pass 
the  summit  and  reach  the  plains  beyond,  and  that 
beautiful  land  so  eloquently  described  to  them  by 
Father  Hookins.  In  face  of  all  these  obstacles,  there 
was  no  thought  of  turning  back.  One  day  they  came 
to  some  rushes  that  were  too  tall  to  be  entirely  cov- 
ered by  the  snow;  the  cattle  ate  these  so  greedily  that 
two  of  James  Murphy's  oxen  died.  However,  by  con- 
stant care  in  regulating  the  amount  of  this  food,  no 
evil  effects  were  experienced,  although  it  was  not  very 
nourishing.  These  rushes  were  scattered  at  irregular 
intervals  along  the  river,  and  scouts  were  sent  out 
each  day  to  find  them  and  locate  a  camp  for  the  night. 
Some  days  the  rushes  would  be  found  in  a  very  short 
drive,  and  sometimes  they  would  not  be  found  at  all. 

In  this  manner  they  dragged  their  slow  course  along 
until  they  reached  a  point  where  the  river  forked,  the 
main  stream  bearing  southwest  and  the  tributary 
almost  due  west.  Then  arose  the  question  as  to  which 
route  should  be  taken.  There  being  an  open  space 
and  pretty  good  feed  at  the  forks  of  the  river,  it  was 
decided  to  go  into  camp  and  hold  a  consultation. 
This  camp  was  made  on  what  is  now  the  site  of  the 
city  of  Truckee,  and  the  route  pursued  by  these  emi- 
grants is  practically  that  now  followed  by  the  Cen- 
tral Pacific  Railroad.  After  considering  the  matter 
fully,  it  was  decided  that  a  few  of  the  party  should 
leave  the  wagons  and  follow  the  main  stream,  while 
the  others  should  go  by  way  of  the  tributary,  as  that 
seemed  to  be  the  more  promising  route  for  the  vehi- 

Those  who  left  the  party  were  Mrs.  Townsend,  Miss 
Ellen  Murphy,  John  Murphj',  Daniel  Murphy,  Oliver 
Magnan,  and  Mrs.  Townsend's  servant,  Francis.  They 
each  had  a  horse  to  ride,  and  they  took  with  them  two 
pack-horses  and  some  provisions.  The  ladies  had 
each  a  change  of  clothing  and  some  blankets,  and 
each  man  had  a  rifle  and  ammunition.  There  was 
still  some  game  to  be  found,  and  as  the  Murphys  were 
good  hunters  there  was  no  thought  of  their  starving. 
In  our  account  of  this  journey  we  have  followed  the 

narrative  of  Mr.  Schallenberger,  who  has  kindly  fur- 
nished us  with  the  facts.  In  regard  to  this  separation, 
John  Murphy  says  that  there  was  no  consultation  or 
agreement;  that  the  persons  spoken  of  were  traveling 
in  advance  of  the  rest  of  the  party,  and,  coming  to  the 
forks  of  the  river,  naturally  took  the  main  stream,  ex- 
pecting the  others  to  follow,  which  they  did  not  do. 
However  this  may  be,  the  fact  remains  that  the  par- 
ties here  separated  and  went  the  different  routes  as 
above  stated. 

The  party  with  the  wagons  proceeded  up  the  tribu- 
tary, or  Little  Truckee,  a  distance  of  two  miles  and  a 
half,  when  they  came  to  the  lake  since  known  as 
Donner  Lake.  They  now  had  but  one  mountain  be- 
tween them  and  California,  but  this  seemed  an  im- 
passable barrier.  Several  days  were  spent  in  attempts 
to  find  a  pass,  and  finalh'  the  route,  over  which  the 
present  railroad  is,  was  selected.  The  oxen  were  so 
worn  out  that  some  of  the  party  abandoned  the  attempt 
to  get  their  wagons  any  further.  Others  determined  to 
make  another  effort.  Those  who  determined  to  bring 
their  wagons  were  Martin  Murphy,  Jr.,  James  Murphy, 
James  Miller,  Mr.  Hitchcock,  and  old  Mr.  Martin, 
Mrs.  James  Murphy's  father.  The  others  left  their 

The  snow  on  the  mountains  was  now  about  two 
feet  deep.  Keeping  their  course  on  the  north  side 
of  the  lake  until  they  reached  its  head,  they  started 
up  the  mountain.  All  the  wagons  were  unloaded 
and  the  contents  carried  up  the  hill.  Then  the  teams 
were  doubled  and  the  empty  wagons  were  hauled  up. 
When  about  half  way  up  the  mountain  they  came  to 
a  vertical  rock  about  ten  feet  high.  It  seemed  now 
that  everything  would  have  to  be  abandoned  except 
what  the  men  could  carry  on  their  backs.  After  a 
tedious  search  they  found  a  rift  in  the  rock,  just  about 
wide  enough  to  allow  one  ox  to  pass  at  a  time. 
Removing  the  yokes  from  the  cattle,  they  managed  to 
get  them  one  by  one  through  this  chasm  to  the  top  of 
the  rock.  There  the  yokes  were  replaced,  chains 
were  fastened  to  the  tongues  of  the  wagons,  and 
carried  to  the  top  of  the  rock,  where  the  cattle  were 
hitched  to  them.  Then  the  men  lifted  at  the  wagons, 
while  the  cattle  pulled  at  the  chains,  and  by  this  in- 
genious device  the  vehicles  were  all,  one  by  one,  got 
across  the  barrier. 

After  reaching  the  summit  a  drive  of  twenty  miles 
westerly  brought  them  to  the  head-waters  of  the  Vuba 
River,  where  the  able-bodied  men  started  for  Sutter's 
Fort,  then  known  as  New  Helvetia,  and  now  as  the  city 
of  Sacramento.     They  walked  and  drove  the  cattle. 



expecting  to  return  immediately  with  supplies  for  the 
train.  The  others  remained  in  camp.  Thus  were 
the  first  wagons  that  ever  made  tracks  in  California 
soil,  brought  across  the  mountains. 

Those  who  remained  with  the  wagons  on  the 
Yuba  were  Mrs.  Martin  Murphy,  with  her  four  boys, 
Martin,  James,  Patrick  W.,  and  Bernard  D.;  Mrs. 
James  Murphy,  with  her  daughter  Mary;  Mr.  James 
Miller,  wife,  and  three  children;  Mrs.  Patterson,  with 
her  children,  and  old  Mr.  Martin,  Mrs.  James  Murphy's 
father.  Leaving  them  here  for  the  present,  we  will 
return  to  the  wagons,  which  had  been  abandoned 
when  the  party  divided  at  the  forks  of  the  Truckee. 

Dr.  Townsend  and  Mr.  Schallenberger  had  brought 
with  them  an  invoice  of  valuable  goods,  which  they 
had  intended  to  sell  in  California.  When  the  wagons 
were  abandoned,  Schallenberger  volunteered  to  re- 
main with  them  and  protect  the  goods  until  the  rest 
of  the  party  could  reach  California  and  return  with 
other  and  fresher  animals  with  which  to  move  them. 
Mr.  Schallenberger  thus  describes  his  experience: — 

"  There  seemed  little  danger  to  me  in  undertaking 
this.  Game  seemed  to  be  abundant.  We  had  seen  a 
number  of  deer,  and  one  of  our  party  had  killed  a 
bear,  so  I  had  no  fears  of  starvation.  The  Indians  in 
that  vicinity  were  poorly  clad,  and  I  therefore  felt  no 
anxiety  in  regard  to  them,  as  they  probably  would 
stay  further  south  as  long  as  cold  weather  lasted. 
Knowing  that  we  were  not  far  from  California,  and 
being  unacquainted,  except  in  a  general  way,  with 
the  climate,  I  did  not  suppose  that  the  snow  would  at 
any  time  be  more  than  two  feet  deep,  nor  that  it 
would  be  on  the  ground  continually. 

"After  I  had  decided  to  stay,  Mr.  Joseph  Foster 
and  Mr.  Allen  Montgomery  said  they  would  stay 
with  me,  and  so  it  was  settled,  and  the  rest  of  the 
party  started  across  the  mountains.  They  left  us  two 
cows,  so  worn  out  and  poor  that  they  could  go  no 
further.  We  did  not  care  for  them  to  leave  us  any 
cattle  for  food,  for,  as  I  said,  there  seemed  to  be  plenty 
of  game,  and  we  were  all  good  hunters,  well  furnished 
with  ammunition,  so  we  had  no  apprehension  that  we 
would  not  have  plenty  to  eat,  that  is,  plenty  of  meat. 
Bread  we  had  not  tasted  for  many  weeks,  and  had  no 
desire  for  it.  We  had  used  up  all  our  supply  of 
buffalo  meat,  and  had  been  living  on  fresh  beef  and 
bacon,  which   seemed  to  satisfy  us  completely. 

"The  morning  after  the  separation  of  our  party, 
which  we  felt  was  only  for  a  short  time,  Foster,  Mont- 
gomery and  myself  set  about  making  a  cabin,  for  we 
determined  to  make  ourselves  as  comfortable  as  possi- 

ble, even  if  it  was  for  a  short  time.  We  cut  saplings 
and  yoked  up  our  poor  cows  and  hauled  them  together. 
These  we  formed  into  a  rude  house,  and  covered  it 
with  rawhides  and  pine  brush.  The  size  was  about 
twelve  by  fourteen  feet.  We  made  a  chimney  of 
logs  eight  or  ten  feet  high,  on  the  outside,  and  used 
some  large  stones  for  the  jambs  and  back.  We  had 
no  windows;  neither  was  the  house  chinked  or  daubed, 
as  is  usual  in  log-houses,  but  we  notched  the  logs 
down  so  close  that  they  nearly  or  quite  touched.  A 
hole  was  cut  for  a  door,  which  was  never  closed.  We 
left  it  open  in  the  day-time  to  give  us  light,  and  as  we 
had  plenty  of  good  beds  and  bedding  that  had  been 
left  with  the  wagons,  and  were  not  afraid  of  burglars, 
we  left  it  open  at  night  also.  This  cabin  is  thus  par- 
ticularly described  because  it  became  historic,  as  be- 
ing the  residence  of  a  portion  of  the  ill-fated  Donner 
party  in  1846. 

"  On  the  evening  of  the  day  we  finished  our  little 
house  it  began  to  snow,  and  that  night  it  fell  to  a 
depth  of  three  feet.  This  prevented  a  hunt  which  we 
had  in  contemplation  for  the  next  day.  It  did  not 
worry  us  much,  however,  for  the  weather  was  not  at 
all  cold,  and  we  thought  the  snow  would  soon  melt. 
But  we  were  doomed  to  disappointment.  A  week 
passed,  and  instead  of  any  snow  going  off  more 
came.  At  last  we  were  compelled  to  kill  our  cows, 
for  the  snow  was  so  deep  that  they  could  not  get 
around  to  eat.  They  were  nothing  but  skin  and 
bones,  but  we  killed  the  poor  things  to  keep  them 
from  starving  to  death.  We  hung  them  up  on  the 
north  side  of  the  house  and  covered  them  with  pine 
brush.  That  night  the  meat  froze,  and  as  the  weather 
was  just  cold  enough  to  keep  it  frozen,  it  remained 
fresh  without  salt.  It  kept  on  snowing  continually, 
and  our  little  cabin  was  almost  covered.  It  was  now 
about  the  last  of  November  or  first  of  December, 
and  we  began  to  fear  that  we  should  all  perish  in  the 

"The  snow  was  so  light  and  frosty  that  it  would 
not  bear  us  up,  therefore  we  were  not  able  to  go  out  at 
all  except  to  cut  wood  for  the  fire;  and  if  that  had 
not  been  near  at  hand  I  do  not  know  what  we  should 
have  done.  None  of  us  had  ever  seen  snow-shoes, 
and  of  course  had  no  idea  how  to  make  them,  but 
finally  Foster  and  Montgomery  managed  to  make 
something  they  called  a  snow-shoe.  I  was  only  a 
boy  and  had  no  more  idea  of  what  a  snow-shoe  looked 
like  than  a  Louisiana  darkey.  Their  method  of  con- 
struction was  this:  Taking  some  of  our  wagon  bows, 
I  which  were  of  hickory  and   about  half  an  inch  thick, 



they  bent  them  into  an  oblong  shape  forming  a  sort 
of  hoop.  This  they  filled  with  a  network  of  rawhide. 
We  were  now  able  to  walk  on  the  snow  to  bring  in 
our  wood,  and  that  was  about  all  there  was  to  do. 
There  was  no  game.  We  went  out  several  times  but 
never  saw  anything.  What  could  we  expect  to  find 
in  ten  feet  of  snow  ?  It  would  sometimes  thaw  a 
little  during  the  day  and  freeze  at  night,  which  made 
a  crust  on  the  snow  sufficiently  thick  to  bear  the 
weight  of  a  coyote,  or  a  fox,  and  we  used  sometimes 
to  see  the  tracks  of  these  animals,  but  we  were  never 
fortunate  enough  to  get  a  sight  of  the  animals  them- 

"We  now  began  to  feel  very  blue,  for  there  seemed 
no  possible  hope  for  us.  We  had  already  eaten  about 
half  our  meat,  and  with  the  snow  on  the  ground  get- 
ting deeper  and  deeper  each  day,  there  was  no  chance 
for  game.  Death,  the  fearful,  agonizing  death  by 
starvation,  literally  stared  us  in  the  face.  At  last, 
after  due  consideration,  we  determined  to  start  for 
California  on  foot.  Accordingly  we  dried  some  of 
our  beef,  and  each  of  us  carrying  ten  pounds  of  meat, 
a  pair  of  blankets,  a  rifle  and  ammunition,  we  set  out 
on  our  perilous  journey.  Not  knowing  how  to  fasten 
snow-shoes  to  our  feet  made  it  very  fatiguing  to  walk 
with  them.  We  fastened  them  heel  and  toe,  and 
thus  had  to  lift  the  whole  weight  of  the  shoe  at  every 
step,  and  as  the  shoe  would  necessarily  sink  down 
somewhat,  the  snow  would  crumble  in  on  top  of  it, 
and  in  a  short  time  each  shoe  weighed  about  ten 

"  Foster  and  Montgomery  were  matured  men, 
and  could  consequently  stand  a  greater  amount 
of  hardship  than  I,  who  was  still  a  growing  boy  with 
weak  muscles  and  a  huge  appetite,  both  of  which 
were  being  used  in  exactly  the  reverse  order  designed 
b)'  nature.  Consequently,  when  we  reached  the  sum- 
mit of  the  mountain  about  sunset  that  night,  having 
traveled  a  distance  of  about  fifteen  miles,  I  was 
scarcely  able  to  drag  one  foot  after  the  other.  The 
day  had  been  a  hard  one  for  us  all,  but  particularly 
painful  to  me.  The  awkward  manner  in  which  our 
snow-shoes  were  fastened  to  our  feet  made  the  mere 
act  of  walking  the  hardest  kind  of  work.  In  addi- 
tion to  this,  about  the  middle  of  the  afternoon  I  was 
seized  with  cramps.  I  fell  down  with  them  several 
times,  and  my  companions  had  to  wait  for  me,  for 
it  was  impossible  for  me  to  move  until  the  paroxysm 
had  passed  off.  After  each  attack  I  would  summon 
all  my  will  power  and  press  on,  trying  to  keep  up 
with  the  others.  Toward  evening,  however,  the  at- 

tacks  became  more  frequent  and  painful,  and  I  could 
not  walk  more  than  fifty  yards  without  stopping  to 

"  When  night  came  on  we  cut  down  a  tree  and 
with  it  built  a  fire  on  top  of  the  snow.  We  then 
spread  some  pine  brush  for  our  beds,  and  after  eating 
a  little  of  our  jerky  and  standing  round  our  fire  in  a 
vain  attempt  to  get  warm,  we  laid  down  and  tried  to 
sleep.  Although  we  were  thoroughly  exhausted) 
sleep  would  not  come.  Anxiety  as  to  what  might 
have  been  the  fate  of  those  who  had  preceded  us,  as 
well  as  uncertainty  as  to  our  fate,  kept  us  awake  all 
night.  Every  now  and  then  one  of  us  would  rise  to 
replenish  the  fire,  which,  though  it  kept  us  from  freez- 
ing, could  not  make  us  comfortable.  When  daylight 
came  we  found  that  our  fire  had  melted  the  snow  in  a 
circle  of  about  fifteen  feet  in  diameter,  and  had  sunk  to 
the  ground  a  distance  also  of  about  fifteen  feet.  The 
fire  was  so  far  down  that  we  could  not  get  to  it,  but  as 
we  had  nothing  to  cook,  it  made  but  little  difference. 
We  ate  our  jerky  while  we  deliberated  as  to  what  we 
should  do  next.  I  was  so  stiff  that  I  could  hardly 
move,  and  my  companions  had  grave  doubts  as  to 
whether  I  could  stand  the  journey.  If  I  should  give 
out  they  could  afford  me  no  assistance,  and  I  would 
necessarily  be  left  to  perish  in  the  snow.  I  fully 
realized  the  situation,  and  told  them  that  I  would  re- 
turn to  the  cabin  and  live  as  long  as  possible  on  the 
quarter  of  beef  that  was  still  there,  and  when  it  was 
all  gone  I  would  start  out  again  alone  for  California. 
They  reluctantly  assented  to  my  plan,  and  promised 
that  if  they  ever  got  to  California  and  it  was  possible 
to  get  back,  they  would  return  to  my  assistance. 

"  We  did  not  say  much  at  parting.  Our  hearts 
were  too  full  for  that.  There  was  simply  a  warm 
clasp  of  the  hand  accompanied  by  the  familiar  word, 
'  Good-by,'  which  we  all  felt  might  be  the  last  words  we 
should  ever  speak  to  each  other.  The  feeling  of  lone- 
liness that  came  over  me  as  the  two  men  turned  away 
I  cannot  express,  though  it  will  never  be  forgotten, 
while  the,  '  Good-by,  Mose,'  so  sadly  and  reluctantly 
spoken,  rings  in  my  ears  to-day.  I  desire  to  say  here 
that  both  Foster  and  Montgomery  were  brave,  warm- 
hearted men,  and  it  was  by  no  fault  of  theirs  that  I 
was  thus  left  alone.  It  would  only  have  made  mat- 
ters worse  for  either  of  tliem  to  remain  with  me,  for 
the  quarter  of  beef  at  the  cabin  would  last  me  longer 
alone,  and  thus  increase  my  chances  of  escape.  While 
our  decision  was  a  sad  one,  it  was  the  only  one  that 
could  be  made. 

"  My  companions  had  not  been  long  out  of  sight 



before  my  spirits  began  to  revive,  and  I  began  to 
think,  like  Micawber,  that  something  might  'turn 
up.'  So  I  strapped  on  my  blankets  and  dried  beef, 
shouldered  my  gun,  and  began  to  retrace  my  steps 
to  the  cabin.  It  had  frozen  during  the  night  and 
this  enabled  me  to  walk  on  our  trail  without  the 
snow-shoes.  This  was  a  great  relief,  but  the  exertion 
and  sickness  of  the  day  before  had  so  weakened  me 
that  I  think  I  was  never  so  tired  in  my  life  as  when, 
just  a  little  before  dark,  I  came  in  sight  of  the  cabin. 
The  door-sill  was  only  nine  inches  high,  but  I  could 
not  step  over  it  without  taking  my  hands  to  raise  my 
Igg  *  *  *  As  soon  as  I  was  able  to  crawl  around 
the  next  morning  I  put  on  my  snow-shoes,  and,  tak- 
ing my  rifle,  scoured  the  country  thoroughly  for 
foxes.  The  result  was  as  I  had  expected — ^just  as  it 
had  always  been — plenty  of  tracks,  but  no  fox. 

"Discouraged  and  sick  at  heart,  I  came  in  from  my 
fruitless  search  and  prepared  to  pass  another  night  of 
agony.  As  I  put  my  gun  in  the  corner,  my  eyes  fell 
upon  some  steel  traps  that  Captain  Stevens  had 
brought  with  him  and  left  behind  in  his  wagon.  In 
an  instant  the  thought  flashed  across  my  mind,  'If  I 
can't  shoot  a  coyote  or  fox,  why  not  trap  one.'  There 
was  inspiration  in  the  thought,  and  my  spirits  began 
to  rise  immediately.  The  heads  of  the  two  cows  I 
cut  to  pieces  for  bait,  and,  having  raked  the  snow 
from  some  fallen  trees,  and  found  other  sheltered 
places,  I  set  my  traps.  That  night  I  went  to  bed  with 
a  lighter  heart,  and  was  able  to  get  some  sleep. 

"As  soon  as  daylight  came  I  was  out  to  inspect  the 
traps.  I  was  anxious  to  see  them  and  still  I  dreaded  to 
look.  After  some  hesitation  I  commenced  theexamina- 
tion,  and  to  my  great  delight  I  found  in  one  of  them  a 
starved  coyote.  I  soon  had  his  hide  off  and  his  flesh 
roasted  in  a  Dutch  oven.  I  ate  this  meat,  but  it  was 
horrible.  I  next  tried  boiling  him,  but  it  did  not  im- 
prove the  flavor.  I  cooked  him  in  every  possible 
manner  my  imagination,  spurred  by  hunger,  could 
suggest,  but  could  not  get  him  into  a  condition  where 
he  could  be  eaten  without  revolting  my  stomach.  But 
for  three  days  this  was  all  I  had  to  eat.  On  the  third 
night  I  caught  two  foxes.  I  roasted  one  of  them,  and 
the  meat,  though  entirely  devoid  of  fat,  was  delicious. 
I  was  so  hungry  that  I  could  easily  have  eaten  a  fox 
at  two  meals,  but  I  made  one  last  me  two  days. 

"I  often  took  my  gun  and  tried  to  find  something  to 
shoot,  but  in  vain.  Once  I  shot  a  crow  that  seemed 
to  have  got  out  of  his  latitude  and  stopped  on  a  tree 
near  the  cabin.  I  stewed  the  crow,  but  it  was  difficult 
for  me  to  decide  which  I   liked  best,  crow  or  coyote. 

I  now  gave  my  whole  attention  to  trapping,  having 
found  how  useless  it  was  to  hunt  for  game.  I  caught, 
on  an  average,  a  fox  in  two  days,  and  every  now  and 
then  a  coyote.  These  last-named  animals  I  carefully 
hung  up  under  the  brush  shed  on  the  north  side  of  the 
cabin,  but  I  never  got  hungry  enough  to  eat  one  of 
them  again.  There  were  eleven  hanging  there  when 
I  came  away.  I  never  really  suffered  for  something 
to  eat,  but  was  in  almost  continual  anxiety  for  fear 
the  supply  would  give  out.  For  instance,  as  soon  as 
one  meal  was  finished  I  began  to  be  distressed  for  fear 
I  could  not  get  another  one.  My  only  hope  was  that 
the    supply  of  foxes  would    not  become   exhausted. 

"One  morning  two  of  my  traps  contained  foxes. 
Having  killed  one,  I  started  for  the  other,  but,  before  I 
could  reach  it,  the  fox  had  left  his  foot  in  the  trap  and 
started  to  run.  I  went  as  fast  as  I  could  to  the  cabin 
for  my  gun,  and  then  followed  him.  He  made  for  a 
creek  about  a  hundred  yards  from  the  house,  into 
which  he  plunged  and  swam  across.  He  was  scram- 
bling up  the  opposite  bank  when  I  reached  the  creek. 
In  my  anxiety  at  the  prospect  of  losing  my  breakfast, 
I  had  forgotten  to  remove  a  greasy  wad  that  I  usually 
kept  in  the  muzzle  of  my  gun  to  prevent  it  from  rust- 
ing, and  when  I  fired,  the  ball  struck  the  snow  about  a 
foot  above  reynard's  back.  I  reloaded  as  rapidly  as 
possible,  and  as  the  gun  was  one  of  the  old-fashioned 
flint-locks  that  primed  itself,  it  did  not  require  much 
time.  But,  short  as  the  time  was,  the  fox  had  gone 
about  forty  yards  when  I  shot  him.  Now  the  problem 
was  to  get  him  to  camp.  The  water  in  the  stream 
was  about  two  and  a  half  feet  deep  and  icy  cold.  But 
I  plunged  in,  and,  on  reaching  the  other  side,  waded 
for  fort)'  yards  through  the  snow,  into  which  I  sank  to 
my  arms,  secured  my  game,  and  returned  the  way  I 
came.  I  relate  this  incident  to  illustrate  how  much 
affection  I  had  for  the  fox.  It  is  strange  that  I  never 
craved  anything  to  eat  but  good  fat  meat.  For  bread 
or  vegetables  I  had  no  desire.  Salt  I  had  in  plenty, 
but  never  used.  I  had  just  coffee  enough  for  one  cup, 
and  that  I  saved  for  Christmas. 

"My  life  was  more  miserable  than  I  can  describe. 
The  daily  struggle  for  life  and  the  uncertainty  under 
which  I  labored  were  very  wearing.  I  was  always 
worried  and  anxious,  not  about  myself  alone,  but  in 
regard  to  the  fate  of  those  who  had  gone  forward.  I 
would  lie  awake  nights  and  think  of  these  things,  and 
revolve  in  my  mind  what  I  would  do  when  the  supply 
of  foxes  became  exhausted.  The  quarter  of  beef  I 
had  not  touched,  and  I  resolved  to  dry  it,  and,  when 
the  foxes  were  all  gone,  to  take  my  gun,  blankets,  and 



dried  beef  and  follow  in  the  footsteps  of  my  former 

"Fortunately,  I  had  a  plenty  of  books,  Dr.  Town- 
send  having  brought  out  quite  a  library.  I  used  often 
to  read  aloud,  for  I  longed  for  some  sound  to  break 
the  oppressive  stillness.  For  the  same  reason,  I  would 
talk  aloud  to  myself  At  night  I  built  large  fires  and 
read  by  the  light  of  the  pine  knots  as  late  as  possible, 
in  order  that  I  might  sleep  late  the  next  morning, 
and  thus  cause  the  days  to  seem  shorter.  What  I 
wanted  most  was  enough  to  eat,  and  the  next  thing  I 
tried  hardest  to  do  was  to  kill  time.  I  thought  the 
snow  would  never  leave  the  ground,  and  the  few 
months  I  had  been  living  here  seemed  years. 

"One  evening,  a  little  before  sunset,  about  the  last  of 
February,  as  I  was  standing  a  short  distance  from  my 
cabin,  I  thought  I  could  distinguish  the  form  of  a  man 
moving  towards  me.  I  first  thought  it  was  an  Indian, 
but  very  soon  I  recognized  the  familiar  face  of  Dennis 
Martin.  My  feelings  can  be  better  imagined  than  de- 
scribed. He  relieved  my  anxiety  about  those  of  our 
party  who  had  gone  forward  with  the  wagons.  They 
had  all  arrived  safely  in  California  and  were  then  in 
camp  on  the  Yuba.  They  were  all  safe,  although 
some  of  them  had  suffered  much  from  hunger.  Mrs. 
Patterson  and  her  children  had  eaten  nothing  for  four- 
teen days  but  rawhides.  Mr.  Martin  had  brought  a 
small  amount  of  provisions  on  his  back,  which  were 
shared  among  them.  All  the  male  portion  of  the 
party,  except  Foster  and  Montgomery,  had  joined 
Captain  Sutter  and  gone  to  the  Micheltorena  war. 
Dr.  Townsend  was  surgeon  of  the  corps.  My  sister, 
Mrs.  Townsend,  hearing  that  Mr.  Martin  was  about  to 
return  to  pilot  the  emigrants  out  of  the  wilderness, 
begged  him  to  extend  his  journey  a  little  farther  and 
lend  a  helping  hand  to  ler  brother  Moses.  He  con- 
sented to  do  so,  and  here  he  was.  Being  a  Canadian, 
he  was  accustomed  to  snow-shoes,  and  soon  showed 
me  how  to  fix  mine  so  I  could  travel  with  less  than 
half  the  labor.  He  made  the  shoe  a  little  narrower, 
and  fastened  it  to  the  foot  only  at  the  to",  thus  mak- 
ing the  heel  a  little  heavier,  so  that  the  shoe  would 
drag  on  the  snow  instead  of  having  to  be  lifted  at  every 

The  next  morning  after  Martin's  arrival  at  the  cabin 
he  and  Schallenberger  started  to  return.  Schallen- 
berger's  scanty  diet  and  limited  e.xercise  rendered 
this  a  rather  trying  journey  for  him.  But  they  arrived 
safely  at  the  emigrants'  camp,  which,  during  Martin's 
absence,  had  been  moved  two  days' journey  down  the 
hills.     At  this  camp  was  born  to  Mr.  and  Mrs.  Martin 

Murphy  a  daughter,  the  first  white  child  born  in 
California.  She  was  named  Elizabeth,  and  afterwards 
married  Mr.  William  Taaffe. 

To  make  this  history  complete,  we  must  return  to 
the  party  which,  separating  from  the  wagons  at  the 
forks  of  the  Truckee,  followed  the  main  stream. 
They  continued  up  the  river  to  Lake  Tahoe,  and  were 
the  first  white  people  to  look  upon  that  beautiful  body 
of  water.  Here  they  crossed  the  river,  keeping  on 
the  west  side  of  the  lake  for  some  distance,  and  then 
struck  across  the  hills  to  the  headwaters  of  the  Ameri- 
can River,  which  they  followed  down  to  the  valley. 
This  route  was  exceedingly  rough,  much  more  so  than 
the  one  up  the  Truckee  on  the  other  side.  The 
American  River  was  wider  and  deeper  th^an  the 
Truckee,  and  fully  as  crooked.  They  were  compelled 
to  cross  it  many  times,  and  frequently  their  horses 
were  compelled  to  swim,  and  the  current  was  so  swift 
as  to  make  this  a  very  hazardous  undertaking.  Mrs. 
Townsend  rode  an  Indian  pony,  which  was  an  ex- 
cellent swimmer.  She  would  ride  him  across  the 
river  and  then  send  him  back  by  one  of  the  boys  for 
Ellen  Murphy.  Once  this  pony  lost  his  feet.  He 
had  crossed  the  river  several  times  and  was  nearly 
worn  out.  John  Murphy  had  ridden  him  back  to  get 
a  pack  saddle,  and  on  returning,  the  pony  fell.  John, 
though  an  excellent  swimmer,  had  a  narrow  escape 
from  drowning.  The  water  was  running  with  the 
force  of  a  mill  race,  while  the  bed  of  the  stream  was 
full  of  huge  rocks,  against  which  he  was  dashed  and 
disabled  from  swimming.  The  party  on  the  banks 
were  paralyzed  with  terror  as  he  was  swept  down  the 
raging  torrent.  Recovering  themselves,  they  hurried 
down  the  stream,  expecting  at  every  step  to  see  his 
mangled  body  thrown  upon  the  shore.  But  John  had 
not  lost  his  head  in  his  deadly  peril.  Watching  his 
opportunity,  as  he  was  swept  under  a  willow  tree 
which  grew  on  the  bank,  he  seized  the  overhanging 
branches  and  held  on  with  a  death  grip  until  he  was 
rescued.  The  ice-cold  water  and  the  mauling  he  had 
received  from  the  rocks  rendered  him  unconscious. 
A  warm  fire  restored  him  to  his  senses,  but  it  was 
many  days  before  he  fully  recovered  from  the  shock 
caused  by  his  involuntary  bath. 

The  party  were  twenty-one  days  in  getting  to  the 
valley.  They  did  not  suffer  for  food,  for  they  were 
soon  out  of  the  snow  and  in  a  game  country.  John 
and-  Dan  Murphy  were  excellent  hunters,  and  there 
was  no  scarcity  of  meat.  If  game  was  scarce  there 
was  plenty  of  cattle  roaming  about,  which  made  star- 
vation impossible.     They  followed  the  American  River 



until  they  came  to  St.  Clair's  ranch,  where  they 
stopped  for  some  time.  Mr.  and  Mrs.  St.  Clair  re- 
ceived them  with  a  warm  hospitality,  which  excited 
the  liveliest  feelings  of  gratitude  in  the  hearts  of  the 
emigrants.  These  feelings  were  mingled  with  remorse 
when  they  thought  of  the  number  of  St.  Clair's  calves 
that  had  been  killed  on  the  way  down  the  river.  They 
had,  of  course,  intended  to  pay  for  them,  but  just  at 
that  time  they  had  no  money.  The  idea  of  accept- 
ing the  hospitality  of  a  man  whose  cattle  they  had 
killed,  worked  on  their  feelings  until  it  nearly  broke 
their  hearts.  The  teachings  of  their  father,  the  old 
patriarch,  had  kept  their  consciences  tender,  and  they 
held  many  secret  consultations  as  to  what  should  be 
done  in  the  premises. 

They  finally  determined  to  confess.  The  lots  cast 
for  spokesman  elected  Dan  Murphy,  but  it  was  agreed 
that  all  should  be  present  to  give  him  their  moral 
support.  Dan  opened  the  interview  by  carelessly  in- 
quiring who  owned  all  those  calves  that  they  had  en- 
countered coming  down  the  river.  St.  Clair  said  he 
guessed  they  all  belonged  to  him.  "Well,"  said  Dan, 
"there's  a  good  bunch  of  them.  What  are  calves 
about  three  months  old  worth  in  this  country?"  St. 
Clair  told  him.  "Well,"  resumed  Dan,  "we  killed 
some  of  them  to  eat,  and  we  haven't  got  any  money 
to  pay  you  now,  but  if  you  will  let  us  work  out  the 
price  we  will  be  very  much  obliged."  The  earnest- 
ness of  the  boys  amused  Mr.  St.  Clair  very  much,  and 
when  he  told  them  that  they  were  welcome  to  the 
calves  they  had  killed,  and  as  many  more  as  they 
wanted  to  eat,  they  retired  from  the  interview  with  a 
gseat  load  lifted  from  their  consciences. 

From  St.  Clair's  they  went  down  to  Sutter's,  arriv- 
ing there  about  the  same  time  that  the  men  from  the 
wagons  got  in.  Here  they  found  great  excitement. 
Micheltorena  had  been  appointed  by  the  Mexican 
Government  as  Governor  of  California,  with  both 
civil  and  military  authority.  The  former  officials, 
Alvarado  and  Vallejo,  had  resolved  to  resist  his 
authority,  and  had  joined  with  them  General  Castro. 
The  native  Californians  were  very  jealous  of  the  for- 
eigners, especially  the  immigrants  from  the  United 
States.  Taking  advantage  of  this  feeling,  the  revolu- 
tionists had  roused  the  country  and  collected  quite  a 
formidable  army.  Whatever  may  have  been  the  in- 
tention of  the  leaders,  it  was  openly  talked  by  the 
rank  and  file,  that,  after  they  had  settled  their  difficulty 
with  Micheltorena,  they  would  drive  the  foreigners 
from  the  country.  The  Murphy  party  had  not  come 
two  thousand  miles  across  desert.s  and  mountains  to 

be  driven  back  into  the  hills  without  an  effort  in  their 
own  defense,  and  without  hesitation  they  joined  a 
company  that  Captain  Suiter  was  raising  for  the  as- 
sistance of  Micheltorena,  who  held  the  legal  com- 
mission as  Governor  of  California.  With  this  com- 
pany they  went  South,  doing  good  service  in  the  cam- 
paign as  far  as  Santa  Barbara.  Here,  there  being  no 
further  need  of  their  services,  they  started  to  return 
to  their  women  and  children,  whom  they  had  left  with 
the  wagons  on  the  Yuba. 

Here  was  another  instance  of  the  indomitable  cour- 
age of  these  men.  The  whole  country  had  been  roused 
against  Micheltorena  and  the  foreigners,  and  here  was 
a  handful  of  these  same  foreigners  who  had  been  ar- 
rayed against  them  in  every  movement  from  the  Sacra- 
mento to  Santa  Barbara,  now  returning  alone  through 
this  hostile  country  with  no  protection  but  their  trusty 
rifles.  The  boldness  of  the  act  was  only  equaled  by 
the  skill  which  enabled  them  to  make  the  return 
journey  without  firing  a  hostile  gun.  It  seems  as  if 
the  hand  of  Providence  had  upheld  them  through  all 
their  tribulations  and  dangers,  and  preserved  them  for 
some  great  destiny. 

They  arrived  at  the  wagons  about  the  same  time 
that  Schallenberger  was  rescued  by  Dennis  Martin 
from  his  perilous  situation  in  the  cabin  by  Donner 
Lake.  About  the  time  Schallenberger  joined  the 
wagons,  with  Martin,  a  man  named  Neil,  who  had 
been  sent  by  Captain  Sutter,  with  a  supply  of  provis- 
ions and  horses,  arrived  at  the  camp.  The  emigrants 
now  were  in  a  very  cheerful  frame  of  mind,  being 
only  one  day's  march  from  the  plains,  and  the  end  of 
their  year's  journey  in  sight.  The  next  day  they 
pushed  on,  all  mounted,  some  with  saddles,  some 
with  pack-saddles,  and  some  bare-back,  and  that  night 
camped  at  the  edge  of  the  valley,  on  the  banks  of 
Bear  River.  This  was  the  first  of  March,  just  one 
year  from  tlie  time  they  left  Missouri.  They  found 
Bear  River  full  and  still  rising,  from  the  melting  snow 
in  the  mountains  and  the  heavy  rainfall  of  the  season. 
There  was  no  bridge  or  ferry,  and  an  attempt  was 
made  to  find  a  tree  of  sufficient  length  to  reach  across, 
but  in  vain.  In  this  search  for  a  tree  Mr.  Neil,  who 
had  gone  down  the  stream,  was  cut  off  from  the  main- 
land by  the  rapidly  rising  waters,  leaving  him  on  a 
little  island,  which  was  soon  submerged,  and  as  he 
could  not  swim,  he  was  compelled  to  climb  a  tree. 
His  cries  for  help  finally  reached  the  ears  of  those  in 
camp,  and  Schallenberger  and  John  Murphy,  each 
mounting  a  horse  and  leading  a  third  one,  swam  into 
the  foamingtorrent  ^nd  brought  him  safely  to  the  shore, 



Again  the  affairs  of  the  emigrants  began  to  assume 
a  gloomy  aspect.  Bear  River  had  overrun  its  banks 
until  it  was  ten  miles  wide.  The  small  supply  of 
provisions  sent  in  by  Captain  Sutter  had  been  ex- 
hausted. Two  deer  had  been  killed,  but  this  afforded 
scarcely  a  mouthful  each  to  so  large  a  party.  There 
was  no  direction  in  which  the}-  could  move  except  to 
return  to  the  hills,  and  this  would  only  be  making 
their  condition  worse.  Three  days  passed  with  no 
food.  They  could  hear  the  lowing  of  the  cattle  across 
the  river,  and  now  and  then  could  discern  the  grace- 
ful forms  of  herds  of  antelope  on  the  other  side  of 
the  water.  Mr.  Schallenberger  relates  an  incident 
that  occurred  at  this  time.  The  Hon.  B.  D.  Murphy 
was  then  a  little  chap  only  four  years  old.  As  Schal- 
lenberger was  sitting  on  a  wagon-tongue,  whittling  a 
stick  and  meditating  on  the  hollowness  of  all  earthly 
things,  and  especially  of  the  human  stomach,  little 
Barney  approached  him  and  asked  if  he  would  lend 
him  his  knife.  "Certainly,"  replied  Schallenberger, 
"but  what  do  you  want  to  do  with  it?"  "  I  want  to 
make  a  toothpick,"  said  Barney.  The  idea  of  needing 
a  toothpick  when  none  of  the  party  had  tasted  food  for 
three  days  was  so  ridiculous  that  Schallenberger  for- 
got the  emptiness  of  his  stomach  and  laughed  heartily. 

There  was  a  large  band  of  wild  horses  belonging 
to  Captain  Sutter,  which  were  ranging  in  the  foot-hills 
on  that  side  of  the  river  where  the  emigrants'  camp 
was  located.  The  question  of  killing  one  of  these 
had  been  seriously  discussed.  The  proposition  had 
been  earnestly  opposed  by  Martin  Murphy,  who  had 
declared  that  it  was  not  food  fit  for  human  beings, 
and  that  although  in  the  last  stages  of  starvation  his 
stomach  would  revolt  at  such  diet.  The  respect  that 
the  young  men  had  for  Mr.  Murphy  restrained  them 
from  committing  equicide  for  some  time.  But  at  last 
it  became  a  question  of  horse  meat  or  starvation. 

One  morning  Mr.  Murphy  rode  back  over  the  trail 
to  see  if  he  could  find  any  trace  of  an  ox  that  they 
had  lost  on  the  march,  while  Schallenberger  and 
Dennis  Martin  went  hunting  for  something  to  eat. 
Returning  empty  handed,  it  was  decided  to  kill  a 
horse.  Accordingly,  Neil  drove  the  band  as  near 
camp  as  possible,  and  Schallenberger  shot  a  fine,  fat 
two-year  old  filly.  Mr.  Murphy  did  not  arrive  until 
the  meat  had  been  dressed  and  was  roasting  before 
the  fire.  He  had  been  unsuccessful  in  his  search  and 
was  delighted  to  find  that  the  boys  had  succeeded. 
With  his  face  glowing  with  pleasure  in  anticipation  of 
the  feast,  he  inquired,  "Who  killed  the  heifer?"  The 
party  pointed  to    Schallenberger,  and    Mr,    Murphy, 

patting  him  on  the  shoulder,  exclaimed:  "Good  boy, 
good  boy,  but  for  you  we  might  all  have  starved!" 
When  the  meat  was  cooked  he  ate  of  it,  eloquently 
praising  its  juicy  tenderness  and  fine  flavor,  which,  he 
said,  surpassed  any  meat  he  had  ever  tasted.  About 
the  time  he  had  satisfied  his  appetite,  his  brother- 
in-law,  James  Miller,  drew  out  the  filly's  mane  from 
behind  a  log,  exhibited  it  to  Mr.  Murphy,  and  asked 
him  to  see  what  queer  horns  they  had  taken  from  the 
heifer  of  which  he  had  just  been  eating  so  heartily. 
Mr.  Murphy's  stomach  immediately  rebelled,  and  he 
returned  to  the  ground  the  dinner  which  he  had  eaten 
with  so  much  relish,  saying,  when  he  had  recovered 
from  his  paroxysm,  that  he  thought  he  had  detected  a 
peculiarly  bad  taste  about  that  meat.  He  never,  by 
any  artifice,  could  be  induced  to  taste  horse  flesh 

Soon  after  this,  the  waters  receded  sufficiently  to 
allow  the  party  to  reach  Feather  River,  where,  near 
Hick's  Farm,  Captain  Sutter  had  prepared  a  boat  to 
ferry  them  across.  Here  the  vaqueros  brought  them 
a  fine  fat  cow,  and,  for  the  first  time  in  many  months, 
they  had  what  Schallenberger  called  a  "good  square 

Our  pilgrims  had  reached  the  promised  land. 
Their  enduring  faith  had  been  lost  in  sight,  and  their 
hopes  had  ended  in  fruition.  The  old  patriarch  had 
gathered  his  flock  around  him  in  the  shadow  of  the 
Cross,  in  a  country  through  the  length  and  breadth 
of  which  the  name  of  his  family  was  destined  to  be- 
come a  household  word,  and  in  the  development  and 
history  of  which  they  were  to  become  prominent.  Of 
all  the  property  with  which  they  started,  little  was  left 
on  their  arrival  in  California.  As  Mrs.  James  Murphy 
said  to  the  writer,  "  We  brought  very  little  property 
with  us,  but  we  did  bring  a  good  many  days'  work." 

After  a  short  rest  at  Sutter's  Fort,  the  party  sepa- 
rated, each  to  seek  a  location  and  to  plant  his  roof  tree 
in  his  adopted  land. 

Mr.  Martin  Murphy,  Sr.,  with  the  unmarried 
portion  of  his  family,  which  consisted  of  his  three  sons, 
Bernard,  John,  and  Daniel,  and  his  daughters,  Ellen, 
Margaret,  and  Joanna,  came  to  Santa  Clara  County 
and  purchased  the  Rancho  Ojo  de  Agua  de  la  Coche, 
situated  on  the  Monterey  road,  south  of  San  Jose,  near 
what  has  since  been  known  as  the  Twenty-one  Mile 
House.  Here  he  lived  for  many  years,  loved  and  re- 
spected by  all  who  knew  him.  Coming  daily  in  con- 
tact with  the  native  Californians,  he  commanded  their 
good-will  and  respect,  in  spite  of  their  natural  jeal- 



ousy  and  hatred  of  the  foreigners.  In  grateful  re- 
membrance of  the  power  which  had  safely  led  him  by 
land  and  sea,  through  so  many  perils,  to  this  haven  of 
rest,  he  built  a  beautiful  chapel  on  his  ranch,  which, 
in  honor  of  his  patron  saint,  he  named  San  Martin. 
His  house  was  located  on  the  then  most  traveled 
road  in  California,  and  he  always  held  its  door  wide 
open  to  the  wayfarer.  His  liberal  hospitality,  his 
charity,  his  piety,  his  inflexible  integrity,  and  his  warm 
heart  and  sympathizing  disposition,  compelled  the 
friendship  of  all  who  knew  him,  and  when  he  died  there 
was  grief  throughout  the  State.  Courts  adjourned, 
and  business  was  suspended,  while  from  every  direc- 
tion people  gathered  to  assist  in  the  last  sad  rites  of  the 
patriarch  and  pioneer.  For  the  last  few  years  of  his 
life  he  had  retired  from  active  business,  making  his 
home  at  San  Francisco,  and  paying  periodical  visits 
to  the  different  members  of  his  family.  When  death 
overtook  him,  which  was  on  March  i6,  1865,  he  was 
at  the  house  of  his  daughter,  Margaret  Kell,  near  San 

Martin  Murphv,  Jr.,  the  eldest  son  of  Martin 
Murphy,  located,  after  the  emigrant  party  broke  up  at 
Sutter's,  on  the  Cosumne  River,  in  what  is  now  Sacra- 
mento County.  His  family  consisted  of  seven  chil- 
dren, as  follows:  James,  Martin,  Patrick  Washington, 
Bernard  Daniel,  Elizabeth,  Mary  Ann,  and  Ellen. 
Here  he  purchased  four  leagues  of  land  and  erected 
a  house.  About  the  first  thing  he  did  after  taking 
possession  of  his  new  home,  was  to  look  around  for  a 
school-teacher.  This  he  found  in  the  person  of  one 
Patrick  O'Brien,  an  educated  man,  who,  having  be- 
come reduced  in  circumstances,  had  joined  the  army. 
He  came  across  the  mountains  with  Fremont  and 
probably  deserted.  While  engaged  in  teaching  at 
Murphy's,  General  Sherman,  then  a  lieutenant,  ar- 
rested him  and  took  him  away.  We  understand, 
however,  that  he  was  finally  released.  This  was  the 
first  school  ever  held  in  Sacramento  County.  At 
this  place  their  daughter  Mary, afterward  Mrs.  Richard 
T.  Carrol,  of  San  Francisco,  was  born.  The  land 
which  Mr.  Murphy  had  purchased  in  Sacramento 
County  was  very  fertile,  but,  desiring  to  live  near  his 
people,  he  removed  to  this  county,  and  purchased  the 
Rancho  Pastoria  de  las  Borregas,  near  Mountain 
View,  containing  four  thousand  eight  hundred  acres. 
While  awaiting  the  building  of  a  house  on  the  new 
homestead,  the  family  took  up  its  residence  in  San 
Jose,  occupying  a  house  opposite  where  the  convent 
now  stands,  which  was  owned  by  Mariano  Hernandez. 

They  were  living  here  when  Hernandez  made  his 
remarkable  escape,  as  is  elsewhere  reported  in  this 
history.  The  first  intimation  the  family  had  of  this 
event  was  the  visit  of  the  officers  to  search  the  house. 
The  John  Foster  whom  Hernandez  was  accused  of 
murdering  was  a  brother  of  the  Joseph  Foster  who 
crossed  the  plains  with  the  Murphy  party. 

The  Rancho  Pastoria  de  las  Borregas  became  the 
permanent  home  of  Martin  Murphy,  and  here  he, 
with  his  estimable  wife,  reared  their  large  family. 
Here  was  born  James  T.  Murphy,  their  youngest 
child.  The  mantle  of  Martin  Murphy,  Sr.,  had  de- 
scended on  his  oldest  son,  and  all  the  traits  which 
characterized  the  founder  of  the  family  seemed  de- 
veloped in  a  greater  degree,  if  that  were  possible,  in 
the  son.  His  strict  integrity,  devout  piety,  kind  and 
gentle  disposition,  liberal  hospitality,  united  with  a 
firmness  of  character,  all  combined  to  give  him  a 
place  in  the  affection  and  respect  of  the  people  that 
no  one  has  ever  since  been  able  to  command.  His 
wife  was  a  worthy  companion  for  such  a  man.  Shar- 
ing all  his  trials,  she  lessened  them,  and  partaking  of 
his  joys,  she  doubled  them;  and  together  they  have 
impressed  their  character  upon  their  children  to  such 
a  degree  that  they  have  made  them  worthy  to  suc- 
ceed them.  Language  can  accord  no  higher  praise 
than  this.  These  people  also  imprinted  their  individ- 
uality on  their  material  surroundings  to  such  an 
extent  that  the  homestead  soon  forgot  its  old  Span- 
ish name  and  became  known  throughout  the  country 
as  the  "Murphy  Ranch."  Their  efforts  were  pros- 
pered to  an  eminent  degree,  and  although  they  ac- 
quired vast  domains  in  several  other  counties,  they 
never  abandoned  the  first  home  which  they  had 
erected  in  Santa  Clara  County.  The  facilities  afforded 
by  the  schools  and  colleges  of  the  Catholic  Fathers 
and  Sisters,  enabled  them  to  see  their  children 
educated  in  all  the  higher  branches,  and  to  become 
cultured  men  and  women,  with  ability  and  disposition 
to  carry  the  honored  family  name  untarnished  to 
future  generations. 

As  the  desire  for  religious  and  educational  facilities 
was  the  controlling  sentiment  that  induced  the  Mur- 
phys  to  cross  the  wilderness,  it  was  also  the  main- 
spring of  their  actions  after  arriving  at  their  destina- 
tion. To  Martin  Murphy  was  due  the  establishment 
of  the  College  of  Notre  Dame  in  this  county.  A 
number  of  the  Sisters  had  established  a  school  in  the 
Willamette  Valley,  in  Oregon.  In  1851,  four  Sisters 
from  Cincinnati  started  to  join  this  religious  colonj', 
and    Sister  Loyola  and  Sister  Mary  came  down  from 



Oregon  to  San  Francisco  to  meet  them.  While 
waiting  for  the  arrival  of  the  vessel  from  Panama^ 
they  accepted  the  invitation  of  Mr.  Murphy  to  visit 
his  family  at  Mountain  View.  During  this  visit  they 
called  at  Santa  Clara  and  San  Jose,  and  determined 
to  establish  an  institution  here.  The  College  of 
Notre  Dame  is  the  result  of  this  determination. 

On  the  1 8th  of  July,  1881,  Mr.  and  Mrs.  Murphy 
celebrated  their  "  golden  wedding  "  at  the  homestead 
at  Mountain  View.  This  event  will  be  a  landmark 
in  the  history  of  the  county.  About  fifteen  thousand 
people  were  present,  including  the  most  distinguished 
men  of  the  State.  People  came  hundreds  of  miles  to 
offer  their  congratulations.  They  were  all  entertained 
in  princely  style  beneath  the  shade  of  the  noble  live- 
oaks  on  the  lawn.  Hundreds  of  the  best  animals 
from  the  immense  herds  were  slaughtered  for  the 
feast,  while  the  choicest  vintages  of  France  and  Cali- 
fornia were  represented  in  limitless  abundance.  The 
virtues  of  Mr.  and  Mrs.  Murphy  were  celebrated  in 
song  and  in  story,  the  most  eminent  men  of  the  com- 
monwealth leaving  their  business  to  lay  their  tiibute 
of  respect  at  the  feet  of  these  pioneers. 

Soon  after  this  event,  Mr.  Murphy's  health  began 
to  fail,  and  three  years  later,  October  20,  1884,  he 
died,  full  of  years  and  of  honor. 

James  MuRriiv,  the  second  son  of  Martin  Murphy, 
Sr.,  was  born  in  County  Wexford,  Ireland,  September 
19,  1809,  and  was  eleven  years  of  age  when  his 
father  removed  to  Canada.  At  that  time  he  was  a 
bright,  intelligent  boy,  with  stout  muscles  and  an 
active  brain.  He  was  of  great  assistance  to  his  father 
in  establishing  their  new  home,  where  he  remained 
until  he  attained  man's  estate.  He  early  developed 
a  taste  for  the  lumber  business,  and  when  twenty-four 
years  of  age,  made  a  journey  to  Maine  in  this  interest. 
He  remained  there  but  a  short  time,  however,  soon 
returning  to  Canada,  where  he  went  into  business  for 
himself,  which  he  conducted  successfully  for  nine 
years.  During  this  time  he  met  Miss  Ann  Martin,  a 
beautiful  and  intelligent  young  lady,  who  had  come 
over  from  Ireland  in  1829,  with  her  parents,  and 
settled  in  the  neighborhood  of  the  Murphys,  who  had 
preceded  them  about  eight  years.  Miss  Martin  was 
born  at  Thomastown,  in  King's  County.  She  was 
only  seven  years  of  age  when  her  parents  came  to 
America,  and  therefore  her  husband  was  acquainted 
with  her  from  childhood,  and  knew  her  many  sterling 
qualities.  Two  children  were  born  to  them  in  Canada^ 
the  eldest   being  a  son,  whom  they  named    Martin, 

from  his  grandfather,  and  who  died  while  still  in 
Canada.  The  other  child  was  a  daughter,  whom 
they  named  Mary,  and  who  afterwards  married  B.  S. 
Machado,  and  is  now  living  near  Gilroy,  in  Santa 
Clara  County.  In  1842  Mr.  Murphy,  with  his  brother 
Martin,  joined  the  other  members  of  the  Murphy 
family  in  Holt  County,  Missouri,  on  the  Platte  Pur- 
chase, as  it  was  then  called.  The  history  of  this 
journey  will  be  found  in  the  general  history  of  the 
Murphy  family.  During  their  residence  in  Missouri, 
the  subject  of  this  sketch  visited  the  lumber  regions 
in  the  vicinity  of  St.  Joseph,  where  he  was  engaged 
in  business  for  a  short  time.  He  accompanied  the 
family  in  their  memorable  journey  through  the  wilder- 
ness to  California,  and  took  his  full  share  of  the  trials 
and  dangers  of  that  historic  expedition.  After  arriv- 
ing in  California,  he  was  one  of  the  first  to  offer  his 
services  in  defense  of  the  Government  in  the  Michel- 
torena  war.  After  the  battle  of  Chauvenga  he  re- 
turned to  Sutter's  and  then  chose  a  location  for  his 
family  in  Marin  County.  Here  he  engaged  in  the 
lumber  business  and  furnished  the  timbers  for  Leides- 
dorff  wharf,  the  first  wharf  built  in  San  Francisco, 
then  Verba  Buena. 

On  the  discovery  of  gold  every  person  who  could 
get  there,  went  to  the  mines,  leaving  the  fields  unfilled 
and  the  mills  idle.  Not  being  able  to  procure  labor, 
Mr.  Murphy's  lumber  operations  came  to  a  halt.  Not 
desiring  to  remain  idle,  he  determined  to  go  to  the 
gold  fields.  He  visited  Sutter's  Mill,  where  gold  was 
first  discovered,  and  from  there  to  Placerville,  then 
called  "Hangtown,"  and  visited  all  the  diggings  in 
that  vicinity.  He  came  to  the  conclusion  that,  for  a 
man  who  had  a  family,  mining  was  too  precarious  a 
business.  Therefore,  in  the  fall  of  1848,  he  came  to 
Santa  Clara,  and,  with  his  brother  Daniel,  purchased 
the  Rancho  de  las  Llagas,  near  Gilroy.  He  remained 
here,  prospering  by  agricultural  pursuits,  until  after 
the  survey  of  the  famous  five-hundred-acre  lots.  He 
purchased  a  number  of  these  lots,  lying  north  of  San 
Jose,  and,  having  built  a  house  for  his  family,  took 
possession  of  his  new  home  in  1849.  Here  he  lived 
until  his  death,  which  occurred  January  13,  1878. 

The  "Ringwood  Farm,"  the  homestead  of  James 
Murphy,  is  one  of  the  landmarks  of  Santa  Clara 
County.  From  the  time  he  took  possession  of  it  in 
1849,  it  was  carefully  and  intelligently  tilled,  and  not- 
withstanding the  open-handed  liberality  of  its  owner, 
was  very  profitable.  In  1872  he  erected  a  magnifi- 
cent mansion  at  a  cost  of  forty  thousand  dollars,  and 
surrounded  it  witli    beautiful    ground--.     He  planted 



one  of  the  first  olive  orchards  in  the  county,  and  dem- 
onstrated that  this  valuable  fruit  could  be  profitably 
grown  in  the  Santa  Clara  Valley.  At  the  time  of  his 
death,  he  had  accumulated  property  valued  at  about 
$300,000.  His  death  was  much  regretted  by  the  en- 
tire community,  which  followed  him  as  mourners  to 
his  last  resting-place.  His  widow,  a  bright  and  intel- 
ligent lady  of  seventy-six  years,  still  occupies  the 
homestead,  which  is  managed  by  the  youngest  son, 
Daniel  J,  a  worthy  son  of  a  good  father.  They  have 
had  nine  children,  as  follows:  Martin,  born  and  died 
in  Canada;  Mary  F.,  born  in  Canada,  February  4, 
1842;  Martin  D.,  born  at  Sutter's  Fort,  February  6, 
1845  ;  Helen  E.,  born  at  Corte  Madera,  December  18, 
1847,  deceased.  The  other  children  were  born  af 
Ringwood  Farm,  and  are:  Wm  B.,  August  21,  1850; 
Lizzie  A,  July  8,  1853;  Julia  A,  January  6,  1853; 
Helen,  April  18,  i860,  died  in  infancy;  Daniel  J.,  April 
25,  1861. 

Bernard  Murphy,  son  of  Martin  Murphy,  Sr., 
came  to  Santa  Clara  County  with  his  father,  and  lived 
with  him  on  the  ranch  near  the  Twenty-one  Mile 
House,  until  he  married.  His  wife  was  Miss  Catherine 
O'Toole,  who  afterwards  married  James  Dunne.  They 
had  one  child,  Martin  J.  C.  Murphy,  a  bright  young 
man  whose  early  years  gave  promise  of  an  illustrious 
career.  He,  however,  was  attacked  by  disease  in  the 
midst  of  his  studies,  and  died  .at  Washington,  Dis- 
trict of  Columbia,  in  1872.  His  father,  Bernard,  was 
killed  in  the  fatal  explosion  of  the  steamer/^«;y  Li/id, 
in  1853. 

John  M.  Murphy,  son  of  Martin  Murphy,  Sr., 
soon  after  settling  in  this  county,  with  his  father, 
entered  the  store  of  Chas.  M.  Weber,  in  San  Jose.  At 
the  discovery  of  gold,  he  went  to  the  mines,  taking 
with  him  a  stock  of  goods.  He  employed  the  Indians 
to  prospect  and  dig  for  him,  and  probably  has  had 
more  gold  in  his  possession  than  any  other  miner  on 
the  Pacific  Coast.  He  was  the  first  treasurer  of 
Santa  Clara  County,  and  was  afterwards  elected  re- 
corder and  then  sheriff.  In  later  years  he  was  en- 
gaged in  mercantile  business,  which  he  followed  until 
failing  health  compelled  him  to  retire.  His  wife  is 
Virginia  F.  Reed,  daughter  of  James  F.  Reed,  and  one 
of  thfe  ill-fated  Donner  party. 

Daniel  Murphy  settled  with  his  father  on  the 
ranch  at  the  Twenty-one  Mile  House.  He,  with  his 
brother  Bernard,  bought  other  property,  and   at  the 

time  of  his  death  he  owned  large  landed  estates  in 
California,  Nevada,  and  Mexico.  His  rancho  in  Du- 
rango  comprised  some  million  and  a  half  acres,  and 
included  the  mountain  of  magnetic  iron  made  famous 
by  the  report  of  Alex.  Von  Humboldt.  He  devoted 
nearly  his  entire  life  to  the  cattle  business,  his  herds 
numbering  thousands  of  head.  He  died  October  22, 

Ellen  Murphy  married  Chas  M.  Weber,  of  San 
Jose,  afterwards  of  Stockton. 

James  Miller  and  his  wife  (Mary  Murphy)  set- 
tled in  Marin  County,  where  they  became  prominent 

Sketches  of  the  younger  generations  of  the  Murphy 
family  will  be  found  in  other  pages. 

MoSES  SCHALLENBERGER  was  born  in  Stark 
County,  Ohio,  November  9,  1826.  He  was  a  son  of 
Jacob  and  Barbara  Schallenberger,  who  were  emi- 
grants from  Germany,  his  father  being  of  Swiss  and 
his  mother  of  German  birth.  They  both  died  in 
Stark  County,  when  Moses  was  but  six  years  of  age, 
and  he  was  taken  into  the  family  of  Dr.  Townsend, 
who  had  married  his  sister.  It  was  with  them  that 
he  made  the  famous  journey  across  the  plains,  as  above 
related.  Dr.  Townsend  was  induced  to  undertake 
the  journey  to  California  by  the  ill  health  of  his  wife. 
At  that  time  they  were  living  in  Buchanan  County, 
Missouri,  as  was  Mr.  Montgomery,  another  of  the 
party.  Montgomery  was  a  gunsmith,  and,  during  the 
winter  of  1842-43  made  a  quantity  of  guns  and  pistols, 
ox  shoes,  and  also  fixed  up  the  wagons,  and  did  every- 
thing in  the  way  of  iron-work  necessary  to  furnish  a 
complete  outfit  for  the  trip.  They  had  intended  to 
start  early  in  the  spring  of  1843,  but  a  Mr.  Potter, 
who  had  an  interest  in  the  expedition,  dying  unex- 
pectedly, the  start  was  delayed  until  the  next  year. 
They  spent  this  time  in  perfecting  their  arrangements, 
among  which  was  the  marriage  of  Mr.  Montgomery  to 
a  young  lady,  Miss  Armstrong,  who  was  living  at  Dr. 
Townsend's.  About  the  first  of  March  they  arrived 
at  the  rendezvous  at  Nisnabotna,  where  they  were 
joined  by  the  Murphy  party.  To  Mr.  Schallen- 
berger we  are  indebted  for  the  facts  concerning  this 
historic  journey  which  we  have  given  above.  Of  these 
first  wagons  that  made  tracks  in  California,  Mr. 
Schallenberger  has  in  his  possession  a  wheel,  which  he 
guards  as  a  precious  relic.  Mr.  Schallenberger's  first 
employment  in  California  was  in  the  mercantile  es- 



tablishment  of  Larkin  and  Greene  at  Monterey,  where 
he  remained  until  the  termination  of  the  Mexican 
War.  The  firm  was  largely  engaged  in  furnishing 
supplies  to  the  United  States  navy,  and  Mr.  Schallen- 
berger's  duties  consisted  in  procuring  these  supplies 
from  the  country,  and  superintending  their  delivery. 
In  July,  184S,  furnished  with  an  invoice  of  goods  by 
the  firm,  he  made  a  successful  venture  on  his  own  ac- 
count in  the  mines  on  Yuba  River.  Later  he  enga;4ed 
with  James  H.  Gleason  as  a  partner  in  trade  in  Mexi- 
can goods  at  Monterey,  which  he  closed  in  Decem- 
ber, 1850,  when  the  death  of  his  brother-in-law,  Dr. 
Townsend,  necessitated  his  coming  to  San  Jose  to 
manage  his  estate.  The  same  fatherly  care  that  he 
had  received  from  the  doctor  was,  in  return,  bestowed 
by  him  on  the  doctor's  only  child,  John  H.  M.  Town- 
send.  He  was  married  September  20,  1854,  to  Miss 
Fannie  Everitt,  at  the  residence  of  Thomas  Selby,  in 
San  Francisco.  Mrs.  Schallenberger  is  a  native  of 
Alabama,  born  in  1834.  Her  father,  John  Everitt,  was 
for  six  years  judge  of  the  Court  of  Common  Pleas  at 
Mobile,  and  his  ability  as  a  lawyer  and  fairness  as  a 
judge,  is  shown  by  the  fact  that  no  decision  of  his 
was  ever  reversed.  Mrs.  Schallenberger  came  to  San 
Francisco  in  1852,  with  her  brother-in-law,  Mr.  S.  L. 
Jones.  The  young  couple  set  up  housekeeping  on 
Dr.  Townsend's  estate,  but  a  year  later  they  moved 
to  the  homestead,  on  the  Coyote  River,  two  miles 
north  of  San  Jose,  where  they  have  lived  ever  since. 
The  house  they  first  erected  was  burned  in  1870,  but 
was  immediately  replaced  by  one  more  adapted  to 
their  prosperous  circumstances,  and  in  keeping  with 
the  progress  of  the  country.  Their  present  home  is 
large,  convenient,  and  substantial,  and  is  surrounded 
with  beautiful  grounds,  ornamented  with  choice  shrub- 
bery and  flowers.  The  house  was  erected  at  a  cost  of 
$13,000.  The  farm  consists  of  one  hundred  and  fifteen 
acres  of  fertile  sediment  land,  devoted  to  the  pro- 
duction of  fruit  and  vegetables.  Mr.  Schallenberger 
was  one  of  the  early  horticulturists,  having  planted 
ten  acres  to  orchard  in  1858.  They  have  had  five 
children,  viz.:  Louise,  wife  of  Thomas  Montgomery, 
San  Jose;  Margaret  E.,  a  teacher  in  the  State  Normal 
School;  Lloyd  E.,  in  business  with  his  uncle,  S.  L. 
Jones,  at  San  Francisco;  Fanny,  a  student  at  the 
State  Normal  School,  and  Milton  P.  Mr.  Schallen- 
berger is  a  member  of  the  Santa  Clara  County  Pioneer 
Society,  by  which  association  he  is  held  in  the  highest 
regard,  both  on  account  of  his  trials  in  the  early  days, 
and  his  character  as  a  citizen. 

Dr.  John  Townsend. — No  historyof  the  American 
pioneers  of  California  could  well  be  written  without 
mention  of  the  subject  of  this  sketch.  A  thoroughly 
educated  physician,  a  man  prominent  in  every  com- 
munity in  which  he  ever  had  lived,  who,  had  he  so 
chosen,  could  have  settled  anywhere  in  the  old  States, 
and  won  renown  and  fortune, — he  was,  notwithstand- 
ing, possessed  of  that  spirit  of  adventure  which  con- 
tinuously led  him  westward  in  search  of  new  fields  to 
conquer.  He  was  born  in  Fayette  County,  Pennsyl- 
vania, a  county  unequaled  in  that  State,  and  perhaps 
in  any  other,  in  the  number  of  men  which  it  pro- 
duced and  sent  out  to  subdue  the  wildness  of  the 
Northwest  and  of  the  Pacific  Coast.  His  father, 
John  F.  Townsend,  was  from  England,  and  was  one 
of  the  pioneers  of  Fayette  County.  Dr.  Townsend 
received  his  first  degree  in  medicine  at  Lexington 
Medical  College.  He  successfully  and  successively 
practiced  in  Pennsylvania,  Ohio,  Indiana, and  Missouri, 
marrying  in  Stark  County,  Ohio,  in  1832,  Miss  Eliza- 
beth Louise  Schallenberger,  a  sister  of  Moses  Schallen- 
berger, whose  history  appears  in  this  connection.  In 
the  pioneer  party  of  1844  from  Missouri,  which  did  so 
much  in  opening  to  the  world  this  grand  valley.  Dr. 
Townsend  was  one  of  the  master  spirits.  He  was 
one  of  the  first  Alcaldes  of  San  Francisco,  and  for 
two  years  before  coming  to  this  county  (which  he  did 
in  1849)  he  held  the  scales  of  justice  so  evenly  as  to 
cause  him  to  be  ever  remembered  for  his  judicial  in- 
tegrity. Upon  removing  to  Santa  Clara  Valley,  he 
established  his  home  in  an  adobe  house,  on  what  is 
now  the  Milpitas  road,  two  miles  from  San  Jose. 
There  he  commenced  the  improvement  of  one  hun- 
dred and  ninety-five  acres  of  land,  intending  to  live 
the  life  of  a  quiet  agriculturist,  avoiding  the  turmoil 
of  the  city,  and  the  cares  of  a  professional  life,  but  the 
All-ruling  Power  decreed  otherwise,  both  himself  and 
his  wife  dying  of  cholera  in  1850.  Their  pioneer 
homestead  property  is  now  owned  by  their  son  and 
only  child,  John  H.  M.  Townsend,  who  was  born  in 
San  Francisco,  November  26,  1848,  and  in  his  or- 
phaned infancy  and  youth  was  cared  for  by  his  guard- 
ian and  uncle — Moses  Schallenberger.  He  spent  the 
greater  part  of  his  school  life  in  attendance  upon 
Santa  Clara  College,  going  to  England  when  sixteen 
years  of  age.  He  there  studied  two  years  under 
private  tutorship.  Later,  he  was  two  years  a  student 
at  Cambridge  University.  He  married  Miss  Kate 
M.  A.  Chisholm  at  Cambridge,  in  1872.  They  have 
four  children — Eva,  Ethel,  Arthur,  and  Maude.  Pub- 
lic-spirited and  enterprising,  Mr.  Townsend  is  one  of 



Santa  Clara  County's  representative  men.  He  served 
in  the  Assembly  of  the  State  of  1883  and  1884,  being 
elected  on  the  Democratic  ticket.  He  has  also  held 
local  trusts,  and  has  served  on  the  County  Board  of 
Supervisors,  being  elected  in  1877.  He  is  actively  in- 
terested in  the  Santa  Clara  Valley  Agricultural  So- 
ciety, and  has  served  several  years  as  director  of  that 
organization.  The  family  residence,  shaded  and  sur- 
rounded by  beautiful  grounds,  is  located  near  the 
crossing  of  the  Coyote  Creek  by  the  Milpitas  road. 

Those  who  came  to  this  county  in  1845,  as  far  as 
can  be  learned,  were  Frank  Lightston,  J.  Washburn, 
William  O'Connor,  William  C.  Wilson,  John  Dau- 
benbiss,  and  James  Stokes.  In  the  following  year, 
1846,  the  survivors  of  the  Donner  party  arrived,  sev- 
eral of  whom  became  residents  of  this  county.  The 
fearful  sufferings  of  these  people  make  a  story  of  hor- 
rors almost  unparalleled  in  history.  So  terrible  was 
their  experience  that  it  has  been  almost  impossible  to 
induce  the  survivors  to  recount  it,  the  remembrance 
seeming  to  haunt  their  entire  lives  like  a  hideous 
specter.  Mr.  James  F.  Reed,  the  original  leader  of 
the  party,  and  afterwards,  until  his  death,  a  prominent 
and  esteemed  citizen  of  San  Jose,  in  his  last  years 
gave  his  story  to  the  public,  and  from  it  we  quote: — 

"  I  left  Springfield  with  my  family  about  the  middle 
of  April,  1846.  We  arrived  at  Independence,  Mis- 
souri, where  I  loaded  two  of  my  wagons  with  jaro- 
visions,  a  third  one  being  reserved  for  my  family. 
Col.  W.  H.  Russell's  family  had  started  from  here 
before  our  arrival.  We  followed  and  overtook  them 
in  the  Indian  Territory.  I  made  application  for  the 
admission  of  myself  and  others  into  the  company, 
which  was  granted.  We  traveled  on  with  the  company 
as  far  as  the  Little  Sandy,  and  here  a  separation  took 
place,  the  majority  of  the  members  going  to  Oregon, 
and  a  few  wagons,  mine  with  them,  going  the  Fort 
Bridger,  or  Salt  Lake  route  for  California.  The  day 
after  our  separation  from  the  Russell  Company,  we 
elected  George  Donner  as  captain,  and  from  this  time 
the  company  was  known  as  the  '  Donner  party.'  Ar- 
riving at  Fort  Bridger  I  added  one  yoke  of  cattle  to 
my  teams,  staying  here  four  days.  Several  friends  of 
mine  who  had  passed  here  with  pack-animals  for 
California,  had  left  letters  with  Mr.  Vasquez,  Mr. 
Bridger's  partner,  directing  me  to  take  the  route  by 
way  of  Fort  Hall,  and  by  no  means  to  take  the  Hast- 
ing's  cut-off.  Vasquez,  being  interested  in  having  the 
new  route  traveled,  kept  these  letters.  This  was  told 
me  after  my  arrival  in  California.  Mr.  McCutchcn, 
wife  and  child,  joined  us  here. 

"  Leaving  Fort  Bridger  we  unfortunately  took  the 
new  route,  traveling  on  without  incident  of  note,  until 
we  arrived  at  the  head  of  Weber  Caiion.  A  short  dis- 
tance before  reaching  this  place  we  found  a  letter  stick- 
ing in  the  top  of  a  sage-brush.  It  was  from  Hastings. 
He  stated  that  if  we  would  send  a  messenger  after 
him,  he  would  return  and  pilot  us  through  a  route 
much  shorter  and  better  than  the  caiion.  A  meeting 
of  the  company  was  held,  when  it  was  resolved  to  send 
Messrs.  McCutchen,  Stanton,  and  myself  to  Mr. 
Hastings;  also,  at  the  same  time,  we  were  to  examine 
the  caiion  and  report  at  short  notice.  We  overtook 
Mr.  Hastings  at  a  place  called  Black  Rock,  south 
end  of  Salt  Lake.  Leaving  McCutchen  and  Stanton 
here,  their  horses  having  failed,  I  obtained  a  fresh 
horse  from  the  company  Hastings  was  piloting  and 
started  on  my  return  to  our  company  with  Mr.  Hast- 
ings. When  we  arrived  at  about  the  place  where 
Salt  Lake  City  is  built,  Mr.  Hastings,  finding  the 
distance  greater  than  anticipated  by  him,  stated  that 
he  would  be  compelled  to  return  the  next  morning  to 
his  company.  We  camped  this  evening  in  a  caiion, 
and  next  morning  ascended  to  the  summit  of  a 
mountain  where  we  could  overlook  a  portion  of  the 
country  that  lay  between  us  and  the  head  of  the 
caiion  where  the  Donner  company  were  encamped. 
After  he  gave  me  the  direction,  Mr.  Hastings  and  I 
separated.  He  returned  to  the  companies  he  had 
left  the  morning  previous,  I  proceeding  on  eastward. 
After  descending  to  what  may  be  called  the  table- 
land, I  took  an  Indian  trail  and  blazed  the  route 
where  it  was  necessary  the  road  should  be  made,  if 
the  company  so  directed  when  they  heard  the  report. 

"When  McCutchen,  Stanton, and  myself  got  through 
Weber  Caiion,  on  our  way  to  overtake  Mr.  Hastings, 
our  conclusions  were  that  many  of  the  wagons  would 
be  destroyed  in  attempting  to  get  through  the  canon. 
Mr.  Stanton  and  Mr.  McCutchen  were  to  return  to  our 
company  as  fast  as  their  horses  could  stand  it,  they 
having  nearly  given  out.  I  reached  the  company  in 
the  evening  and  reported  to  them  the  conclusions  in 
regard  to  Weber  Caiion,  at  the  same  time  stating  that 
the  route  I  had  blazed  that  day  was  fair,  but  would 
take  considerable  labor  in  clearing  and  digging. 
They  agreed  with  unanimous  voice  to  take  that  route 
if  I  would  direct  them  in  the  road-making,  they  work- 
ing faithfully  until  it  was  completed.  Next  morning 
we  started,  under  these  conditions,  and  made  camp 
that  evening  without  difficulty,  on  Bossman  Creek. 
The  afternoon  of  the  second  day  we  left  the  creek, 
turning  to  the  right  in  a  caiion,  leading  to  a  divide. 



Here  Mr.  Graves  and  family  overtook  us.  This 
evening  the  first  accident  that  had  occurred  was  caused 
by  the  upsetting  of  one  of  my  wagons.  The  next 
morning  the  heavy  work  of  cutting  the  timber  com- 
menced. We  remained  at  this  camp  several  days. 
During  this  time  the  road  was  cleared  for  several 
miles.  After  leaving  this  camp  the  work  on  the  road 
slackened,  and  the  farther  we  advanced,  the  slower  the 
work  progressed.  I  here  state  that  the  number  of 
days  we  were  detained  in  road-making  was  not  the 
cause,  by  any  means,  of  the  company  remaining  in 
the  mountains  during  the  following  winter. 

"  We  progressed  on  our  way  and  crossed  the  outlet 
of  the  Utah,  now  called  Jordan,  a  little  below  the 
location  of  Salt  Lake  City.  From  this  camp  in  a 
day's  travel  we  made  connection  with  the  trail  of  the 
companies  that  Hastings  was  piloting  through  his 
cut-off.  We  then  followed  his  road  around  the  lake 
without  any  incident  worthy  of  notice  until  reaching 
a  swampy  section  of  country  west  of  Black  Rock,  the 
name  we  gave  it.  Here  we  lost  a  few  days  on  the  score 
of  humanity,  one  of  our  company,  a  Mr.  Holloron, 
being  in  a  dying  condition  from  consumption.  We 
could  not  make  regular  drives,  owing  to  his  situation. 
He  was  under  the  care  of  George  Donner,  and  made 
himself  known  to  me  as  a  Master  Mason.  In  a  few 
days  he  died.  After  the  burial  of  his  remains  we 
proceeded  on  our  journey,  making  our  regular  drives, 
nothing  occurring  of  note  until  we  arrived  at  the 
springs,  where  we  were  to  provide  water  and  as  much 
grass  as  we  could  for  the  purpose  of  crossing  the 
Hastings'  Desert,  which  was  represented  as  being 
forty  or  fifty  miles  in  length;  but  we  found  it  at  least 
seventy  miles. 

"  We  started  to  cross  the  desert,  traveling  day  and 
night,  only  stopping  to  water  and  feed  our  teams  as 
long  as  water  and  grass  lasted.  We  must  have  made 
at  least  two-thirds  of  the  way  across  when  a  greater 
portion  of  the  cattle  showed  signs  of  giving  out. 
Here  the  company  requested  me  to  ride  on  and  find 
the  water  and  report.  Before  leaving,  I  requested 
my  principal  teamster,  that  when  my  cattle  became 
so  exhausted  that  they  could  not  proceed  further 
with  the  wagons,  to  turn  them  out  and  drive  them  on 
the  road  after  me  until  they  reached  the  water;  but 
the  teamster,  misunderstanding,  unyoked  them  when 
they  first  showed  signs  of  giving  out,  starting  with 
them  for  the  water.  I  found  the  water  about  twenty 
miles  from  where  I  left  the  company,  and  started  on 
my  return.  About  eleven  o'clock  at  night,  I  met  my 
teamsters  with  all  my  cattle  and  horses.     I  cautioned 

them  particularly  to  keep  the  cattle  on  the  road,  for 
as  soon  as  they  would  scent  the  water,  they  would 
break  for  it.  I  proceeded  on  and  reached  my  family 
and  wagons.  Some  time  after  leaving  the  men,  one 
of  the  horses  gave  out,  and  while  they  were  striving 
to  get  it  along,  the  cattle  scented  water  and  started 
for  it;  and  when  they  started  with  the  hors /s,  the 
cattle  were  out  of  sight;  they  could  not  find  them  or 
their  trail,  as  they  told  me  afterwards.  They,  suppos- 
ing the  cattle  would  find  water,  went  on  to  camp.  The 
next  morning  the  animals  could  not  be  found,  and 
never  were,  the  Indians  getting  them,  except  one  ox 
and  cow.  Losing  nine  yoke  of  cattle  here  was  the 
first  of  my  sad  misfortunes.  I  stayed  with  my  family 
and  wagons  the  next  day,  expecting  every  hour  the 
return  of  some  of  my  young  men  with  water,  and  the 
information  of  the  arrival  of  the  cattle  at  the  water. 
Owing  to  the  mistake  of  the  teamsters  in  turning  the 
cattle  out  so  soon,  the  other  wagons  had  driven  miles 
past  mine  and  dropped  their  wagons  along  the  road 
as  their  cattle  gave  out,  and  some  few  of  them  reached 
water  with  their  wagons. 

"  Receiving  no  information,  and  the  water  being 
nearly  exhausted,  in  the  evening  I  started  on  foot 
with  my  family  to  reach  the  water.  In  the  course  of 
the  night  the  children  became  exhausted.  I  stopped, 
spread  a  blanket,  and  laid  them  down,  covering  them 
with  shawls.  In  a  short  time  a  cold  hurricane  com- 
menced blowing;  the  children  soon  complained  of 
the  cold.  Having  four  dogs  with  us,  I  had  them  lie 
down  with  the  children  outside  the  covering.  They 
were  then  kept  warm.  Mrs.  Reed  and  myself  sitting 
to  the  windward,  helped  to  shelter  them  from  the 
storm.  Very  soon  one  of  the  dogs  started  up  and 
commenced  barking,  the  others  following  and  making 
an  attack  on  something  approaching  us.  Very  soon 
I  got  sight  of  an  animal  making  directly  for  us. 
The  dogs  seizing  it,  changed  its  course,  and  when 
passing,  I  discovered  it  to  be  one  of  my  young  steers. 
Incautiously  stating  that  it  was  mad,  in  a  moment  my 
wife  and  children  started  to  their  feet,  scattering  like 
quail,  and  it  was  some  minutes  before  I  could  quiet 
camp;  there  was  no  more  complaint  of  being  tired  or 
sleepy  during  the  remainder  of  the  night.  We  ar- 
rived about  daylight  at  the  wagons  of  Jacob  Donner, 
the  next  in  advance  of  me,  whose  cattle  having  given 
out,  had  been  driven  to  water.  Here  I  first  learned 
of  the  loss  of  my  cattle,  it  being  the  second  day  after 
they  had  started  for  water.  Leaving  my  family  with 
Mr.  Donner,  I  reached  the  encampment.  Many  of 
the  people  were  out  hunting  cattle;  some  of  them  had 



their  teams  together  and  were  going  back  into  the 
desert  for  their  wagons.  Among  them  was  Jacob 
Donner,  who  tcindly  brought  my  family  along  with 
his  own  to  the  encampment. 

"  We  remained  here  for  days  hunting  cattle,  some 
of  the  party  finding  all,  others  a  portion,  but  all  hav- 
ing enough  to  haul  their  wagons  except  myself  On 
the  next  day,  or  the  day  following,  while  I  was  out 
hunting  my  cattle,  two  Indians  came  to  the  camp, 
and  by  signs  gave  the  company  to  understand  that 
there  were  so  many  head  of  cattle  out,  corroborating 
the  number  still  missing.  Many  of  the  people  be- 
came tender-footed  at  the  Indians  coming  into  camp, 
and  thinking  they  were  spies,  wanted  to  get  clear  of 
them  as  soon  as  possible.  My  wife  requested  that 
the  Indians  should  be  detained  until  my  return,  but 
unfortunately,  before  I  returned,  they  had  left.  Next 
morning,  in  company  with  young  Mr.  Graves — he 
kindly  volunteering — I  started  in  the  direction  the 
Indians  had  taken.  After  hunting  this  day  and  the 
following,  remaining  out  during  the  night,  we  returned 
unsuccessful,  not  finding  a  trace  of  the  cattle.  I  now 
gave  up  all  hope  of  finding  them,  and  turned  my 
attention  to  making  arrangements  for  proceeding  on 
my  journey. 

"In  the  desert  were  my  eight  wagons;  all  the  team 
remaining  was  an  ox  and  a  cow.  There  was  no  alter- 
native but  to  leave  everything  but  provisions,  bedding, 
and  clothing.  These  were  placed  in  the  wagon  that 
had  been  used  by  my  family.  I  made  a  cac/ie  of 
everything  else,  the  members  of  the  company  kindly 
furnishing  a  team  to  haul  the  wagon  to  camp.  I  di- 
vided my  provisions  with  those  who  were  nearly  out, 
and,  indeed,  some  of  them  were  in  need.  I  had  now 
to  make  arrangement  for  a  sufficient  team  to  haul 
that  one  wagon.  One  of  the  company  kindly  loaned 
me  a  yoke  of  cattle,  which,  with  the  ox  and  cow  I 
had,  made  two  yoke.  We  remained  at  this  camp, 
from  first  to  last,  if  my  memory  serves  me  right, 
seven  days.  Leaving  this  camp  we  traveled  for  sev- 
eral days.  It  became  necessary,  from  some  cause,  for 
the  party  who  loaned  me  the  yoke  of  cattle,  to  take 
them  back.  I  was  again  left  with  my  ox  and  cow, 
but  through  the  aid  of  another  kind  neighbor,  I  was 
supplied  with  another  yoke  of  cattle. 

"Nothing  transpired  for  some  days  worthy  of  note. 
Some  time  after  this  it  became  known  that  some 
families  had  not  enough  provisions  remaining  to  sup- 
ply them  through.  As  a  member  of  the  company,  I 
advised  them  to  make  an  estimate  of  provisions  on 
hand  and  what  amount  each  family  would  need  to 

take  them  through.  After  receiving  the  estimate  of 
each  family,  on  paper,  I  then  suggested  that  if  two 
gentlemen  of  the  company  would  volunteer  to  go  in 
advance  to  Captain  Sutter's  (near  Sacramento),  in 
California,  I  would  write  a  letter  to  him  for  the  whole 
amount  of  provisions  that  were  wanted,  and  also  stat- 
ing that  I  would  become  personally  responsible  for 
the  amount.  I  suggested  that,  from  the  generous 
nature  of  Captain  Sutter,  he  would  send  them.  Mr. 
McCutchen  came  forward  and  said  that  if  they  would 
take  care  of  his  family  he  would  go.  This  the  com- 
pany agreed  to.  Mr.  Stanton,  a  single  man,  volun- 
teered if  they  would  furnish  him  with  a  horse.  Mr. 
McCutchen,  having  a  horse  and  a  mule,  generously 
gave  the  mule.  Taking  their  blankets  and  provisions, 
they  started  for  California. 

"After  their  leaving  us  we  traveled  on  for  weeks, 
none  of  us  knowing  the  distance  we  were  from  Cali- 
fornia. All  became  anxious  for  the  return  of  Mc- 
Cutchen and  Stanton.  It  was  here  suggested  that  I 
go  in  advance  to  California,  see  what  had  become  of 
McCutchen  and  Stanton,  and  hurry  up  supplies. 
They  agreed  to  take  care  of  my  family.  That  being 
agreed  upon,  I  started,  taking  with  me  about  three 
days'  provisions,  expecting  to  kill  game  on  the  way. 
The  Messrs.  Donner  were  two  days'  drive  in  advance 
of  the  main  party  when  I  overtook  them.  With 
George  Donner  there  was  a  young  man  named  Walter 
Herren,  who  joined  me." 

Leaving  Mr.  Reed  and  his  companion  to  make  their 
journey  across  the  mountains  in  search  of  relief,  we 
return  to  the  main  body  of  hungry  and  tired  immi- 
grants, toiling  along  the  trackless  wilderness,  and  for 
their  experience  we  give  the  story  as  told  by  Mr.  Tut- 
hill  in  his  valuable  history. 

"Mr.  Reed's  and  Mr.  Donner's  companies  opened  a 
new  route  through  the  desert,  lost  a  month's  time  by 
their  operations,  and  reached  the  foot  of  the  Truckee 
Pass,  in  the  Sierra  Nevadas,  on  the  thirty-first  of  Octo- 
ber, instead  of  on  the  first,  as  intended.  The  snow  began 
to  fall  on  the  mountains  two  or  three  weeks  earlier 
than  usual  that  year,  an'd  was  already  so  piled  up  in 
the  pass  that  they  could  not  proceed.  They  attempted 
it  repeatedly,  but  were  as  often  forced  to  return.  One 
party  built  their  cabins  near  the  Truckee  Lake,  killed 
their  cattle,  and  went  into  winter  quarters.  The  other, 
Donner's  party,  still  believed  that  they  could  thread 
the  pass,  and  so  failed  to  build  their  cabins  before 
more  snow  came  and  buried  their  cattle  alive.  Of 
course  they  were  soon  destitute  of  food,  for  they  could 
not  tell  where  their  cattle  were  buried,  and  there  was 



no  hope  of  game  on  a  desert  so  piled  with  snow  that 
nothing  without  wings  could  move.  The  number  of 
those  who  were  thus  storm-stayed  at  the  very  thresh- 
old of  the  land  whose  winters  are  one  long  spring, 
was  eighty,  of  whom  thirty  were  women,  and  several 
children.  The  Mr.  Donner  who  had  charge  of  one 
company  was  an  Illinoisan,  sixty  years  of  age,  a  man 
of  high  respectability  and  abundant  means.  His  wife 
was  a  woman  of  education  and  refinement,  and  much 
younger  than  he.  During  November  it  snowed  thir- 
teen days;  during  December  and  January,  eight  days 
in  each.  Much  of  the  time  the  tops  of  the  cabins 
were  below  the  snow  level. 

"  It  was  six  weeks  after  the  halt  was  made,  that  a 
party  of  fifteen,  including  five  women,  and  two  In- 
dians, who  acted  as  guides,  set  out  on  snow-shoes  to 
cross  the  mountains,  and  give  notice  to  the  people  of 
the  California  settlements  of  the  condition  of  their 
friends.  At  first  the  snow  was  so  light  and  feathery 
that  even  in  snow-shoes  they  sank  nearly  a  foot  at 
every  step.  On  the  second  day  they  crossed  the 
"divide,"  finding  the  snow  at  the  summit  twelve  feet 
deep.  Pushing  forward  with  the  courage  of  despair, 
they  made  from  four  to  eight  miles  a  day.  Within  a 
week  they  got  entirely  out  of  provisions ;  and  three 
of  them,  succumbing  to  cold,  weariness,  and  star- 
vation, had  died.  Then  a  heavy  snow-storm  came 
on,  which  compelled  them  to  lie  still,  buried  between 
their  blankets  under  the  snow,  for  thirty-six  hours. 
By  the  evening  of  the  tenth  day  three  more  had  died, 
and  the  living  had  been  four  days  without  food.  The 
horrid  alternative  was  accepted — they  took  the  flesh 
from  the  bones  of  their  dead,  remained  in  camp  two 
days  to  dry  it,  then  pushed  on.  On  New  Year's,  the 
sixteenth  day  since  leaving  Truckee  Lake,  they  were 
toiling  up  a  steep  mountain.  Their  feet  were  frozen. 
Every  step  was  marked  with  blood.  On  the  second 
of  January,  their  food  again  gave  out.  On  the  third 
they  had  nothing  to  eat  but  the  strings  of  their  snow- 
shoes.  On  the  fourth,  the  Indians  eloped,  justly  sus- 
picious that  they  might  be  sacrificed  for  food.  On 
the  fifth  they  shot  a  deer,  and  that  day  one  of  their 
number  died.  Soon  after  three  others  died,  and  every 
death  now  eked  out  the  existence  of  the  survivors.  On 
the  seventh  all  gave  out  and  concluded  their  wander- 
ings useless,  save  one.  He,  guided  by  two  stray, 
friendly  Indians,  dragged  himself  on  till  he  reached  a 
settlement  on  Bear  River.  By  midnight  the  settlers 
had  found,  and  were  treating  with  all  Christian  kind- 
ness, what  remained  of  the  little  company  that,  after  a 

month  of  the  most  terrible  sufferings,  had  that  morn- 
ing halted  to  die. 

"  The  story  that  there  were  emigrants  perishing  on 
the  other  side  of  the  snowy  barrier  ran  swiftly  down 
the  Sacramento  Valley  to  New  Helvetia,  and  Captain 
Sutter,  at  his  own  expense,  fitted  out  an  expedition  of 
men  and  of  mules  laden  with  provisions,  to  cross  the 
mountains  and  relieve  them.  It  ran  on  to  San  Fran- 
cisco, and  the  people,  rallying  in  public  meeting, 
raised  $1,500,  and  with  it  fitted  out  another  expedi- 
tion. The  naval  commandant  of  the  port  fitted  out 
still  others.  The  first  of  the  relief  parties  reached 
Truckee  Lake  on  the  nineteenth  of  February.  Ten 
of  the  people  in  the  nearest  camp  were  dead.  For 
four  weeks  those  who  were  still  alive  had  fed  only  on 
bullock's  hides.  At  Donner's  camp  they  had  but  one 
hide  remaining.  The  visitors  left  a  small  supply  of 
provisions  with  the  twenty-nine  whom  they  could  not 
take  with  them,  and  started  back  with  the  remainder. 
Four  of  the  children  they  carried  on  their  backs. 
Another  of  the  relief  parties  reached  Truckee  Lake 
on  the  first  of  March.  They  immediately  started 
back  with  seventeen  of  the  suff'erers;  but  a  heavy 
snow-storm  overtaking  them,  they  left  all,  except  three 
of  the  children,  on  the  road.  Another  party  went 
after  those  who  were  left  on  the  way,  found  three  of 
them  dead,  and  the  rest  sustaining  life  by  feeding  on 
the  flesh  of  the  dead. 

"  The  last  relief  party  reached  Donner's  camp  late  in 
April,  when  the  snows  had  melted  so  much  that  the 
earth  appeared  in  spots.  The  main  cabin  was  empty, 
but  some  miles  distant  they  found  the  last  survivor  of 
all  lying  on  the  cabin  floor  smoking  his  pipe.  He 
was  ferocious  in  aspect,  savage  and  repulsive  in  man- 
ner. His  camp  kettle  was  over  the  fire,  and  in  it  his 
meal  of  human  flesh  preparing.  The  stripped  bones 
of  his  fellow-sufferers  lay  round  him.  He  refused  to 
return  with  the  party,  and  only  consented  when  he 
saw  there  was  no  escape.  Mrs.  Donner  was  the  last 
to  die.  Her  husband's  body,  carefully  laid  out  and 
wrapped  in  a  sheet,  was  found  at  his  tent.  Circum- 
stances led  to  the  suspicion  that  the  survivor  had 
killed  Mrs.  Donner  for  her  flesh  and  her  money,  and 
when  he  was  threatened  with  hanging,  and  the  rope 
tightened  round  his  neck,  he  produced  over  $500 
in  gold,  which,  probably,  he  had  appropriated  from 
her  store." 

Messrs.  Reed  and  Herren,  who,  as  has  been  stated 
in  Mr.  Reed's  narrative,  went  ahead  after  the  de- 
parture of  McCutchen    and  Stanton,  after  enduring 



fearful  hardships,  reached  Sutter's  Fort  at  Sacramento, 
or  New  Helvetia,  as  it  was  then  called.  On  their 
way  down  in  Bear  River  Valley,  they  met  Stanton 
with  two  Indians  and  provisions  going  to  the  relief  of 
the  emigrants.  Mr.  McCutchen  had  been  prostrated 
by  sickness  and  was  unable  to  accompany  him. 

Mr.  Reed's  request  to  Captain  Sutter  for  mules  and 
supplies  was  unhesitatingly  complied  with,  and  a  re- 
lief party  fitted  out.  In  the  meantime,  however,  the 
snow  had  fallen  so  heavily  that  in  spite  of  the  most 
desperate  efforts  it  was  impossible  for  them  to  enter 
the  pass.  The  party  returned  for  more  help,  but, 
unfortunately,  the  Mexican  War  was  on  and  every 
able-bodied  man  was  away.  At  Captain  Sutter's 
suggestion,  Mr.  Reed  started  for  San  Francisco  to 
see  if  he  could  not  procure  help  there.  He  was  com- 
pelled to  make  the  journey  by  land,  and  arrived  at 
San  Jose  at  the  time  that  city  was  in  a  state  of  siege. 
Here  he  was  compelled  to  remain  until  after  the 
battle  of  Santa  Clara.  Arriving  at  San  Francisco, 
the  public  meeting  that  Mr.  Tuthill  speaks  of  above, 
was  held,  and  the  relief  parties  fitted  out.  Mr.  Reed 
and  Mr.  McCutchen  accompanied  the  first  of  these, 
which  went  by  the  river.  Before  leaving  San  Fran- 
cisco, however,  he  learned  of  the  arrival  at  Bear 
Valley  of  the  seven  survivors  of  the  party  that  left  the 
Donner  camp  after  his  departure.  At  Johnson's 
ranch  he  got  news  of  a  relief  party  ahead  of  him, 
sent  out  by  Sutter  and  Sinclair.  He  pushed  on  with 
his  party,  and  on  the  route  met  this  company  return- 
ing with  some  of  the  immigrants,  among  whom  were 
his  own  wife  and  two  of  his  children.  They  only 
stopped  a  few  minutes  for  greetings,  and  pushed  on  to 
the  relief  of  the  other  sufferers,  whom  they  reached 
about  the  middle  of  the  next  day. 

The  first  camp  was  that  of  Mr.  Breen.  Mr.  Reed 
says:  "  If  we  left  any  provisions  here,  it  was  a  small 
amount,  he  and  his  family  not  being  in  want.  We 
then  proceeded  to  the  camp  of  Mrs.  Murphy,  where 
Keesburg  and  some  children  were.  Here  we  left 
provisions  and  one  of  our  company  to  cook  for  and  at- 
tend them.  From  here  we  visited  the  camp  of  Mrs. 
Graves,  some  distance  further  east.  A  number  of  the 
relief  party  remained  here,  while  Messrs.  Miller,  Mc- 
Cutchen, and  one  of  the  men,  and  myself,  proceeded 
to  the  camp  of  the  Messrs.  Donner.  This  was  a 
number  of  miles  further  east.  We  found  Mrs.  Jacob 
Donner  in  a  very  feeble  condition.  Her  husband  had 
died  early  in  the  winter.  We  removed  the  tent  and 
placed   it  in  a  more  comfortable    situation.     I    then 

visited  the  tent  of  George  Donner,  close  by,  and  found 
him  and  his  wife.  He  was  helpless.  Their  children 
and  two  of  Jacob's  had  come  out  with  the  party  we 
met  at  the  head  of  Bear  Valley.  I  requested  Mrs. 
George  Donner  to  come  with  us,  as  I  would  leave  a  man 
to  take  care  of  both  George  Donner  and  Mrs.  Jacob 
Donner.  Mrs.  George  Donner  positively  refused, 
saying  that  as  her  children  were  all  out-she  would  not 
leave  her  husband  in  the  condition  he  was  in.  *  * 
*  *  When  I  found  that  Mrs.  George  Donner  would 
not  leave  her  husband,  we  took  the  three  remaining 
children  of  Jacob  Donner,  leaving  a  man  to  take  care 
of  the  two  camps.  Leaving  all  the  provisions  we  could 
spare,  and  expecting  the  party  from  Sutter's  Fort 
would  be  in  in  a  few  days,  we  returned  to  the  camp 
of  Mrs.  Graves,  where  all  remained  during  the  night 
except  McCutchen,  Miller,  and  myself,  we  going  to 
the  cabin  of  Mr.  Breen,  where  two  of  my  children 
were.  Notice  was  given  in  all  the  camps  that  we 
would  start  on  our  return  to  Sutter's  early  next  day. 
About  the  middle  of  the  day  we  started,  taking  with 
us  all  who  were  able  to  travel." 

The  relief  party  that  came  after  Mr.  Reed  did  not 
reach  the  sufferers  as  soon  as  was  expected,  and  the 
disasters  that  occurred  in  the  meantime  have  already 
been  related.  The  full  details  of  all  the  sufferings  of 
this  unfortunate  party  would  fill  a  larger  book  than 
this,  with  horrors  unimaginable.  Each  of  the  relief 
parties,  and  especially  that  conducted  by  Mr.  Reed, 
endured  sufferings  equal  to  those  experienced  by  the 
unfortunates  in  the  winter  camp,  and  we  think  we  are 
within  bounds  of  truth  in  the  statement  that  history 
has  no  parallel  to  the  heroism  displayed  by  these 
people  in  their  efforts  to  rescue  their  suffering  friends. 

In  this  year,  1846,  came  also  Isaac  Branham,  Jacob 
D.  Hoppe,  Charles  White,  Joseph  Aram,  Zachariah 
Jones,  Arthur  Caldwell,  William  Daniels,  Samuel 
Young,  A.  A.  Hecox,  William  Haun,  William  Fisher, 
Edward  Pyle  with  their  families,  Wesley  Hoover  and 
wife,  John  W.  Whisman  and  wife,  William  and 
Thomas  Campbell,  Peter  Ouivey,  Thomas  Kell  and 
their  families,  Thomas  West  and  four  sons,  Thomas, 
Francis  T.,  George  R.  and  William  T.,  John  Snyder, 
Septimus  R.  Moultrie,  William  J.  Parr,  Joseph  A. 
Lard,  Mrs.  W.  H.  Lowe,  Mrs.  E.  Markham,  L.  C. 
Young,  R.J.  Young,  M.  D.Young,  Samuel  C.  Young, 
S.  0.  Broughton,  R.  F.  Peckham,  Z.  Rochon,  Joseph 
Stillwell,  George  Cross,  Ramon  S.  Cesena,  M.  Hollo- 
way,  Edward  Johnson,  and  James  Enright.  Many 
of  these  people  and  their  descendants  have  made  their 


mark  on  the  history  of  the  county,  as  will  be  more 
fully  seen  by  reference  to  their  respective  biographical 


After  Mexico  had  achieved  her  independence,  as 
previously  related,  the  people  generally  fell  into  the 
new  order  of  things,  and  for  several  years  public  affairs 
were  conducted  without  much  friction.  In  1836, 
however,  the  disposition  of  the  Mexican  people  to  re- 
volt, asserted  itself,  but  the  ferment  did  not  reach 
San  Jose  until  1842.  Juan  B.  Alvarado  had  been  in- 
augurated as  civil  governor  of  California,  while  Gen- 
eral Vallejo  held  chief  command  of  the  military  forces. 
Between  these  two  a  jealousy  had  sprung  up,  each 
accusing  the  other  of  usurping  powers  not  belonging 
to  his  office.  Each  complained  to  the  central  govern- 
ment at  the  city  of  Mexico.  The  quarreling  and  fre- 
quent appeals  of  these  two  functionaries  at  last  be- 
came unendurable,  and,  in  1842,  General  Micheltorena 
was  dispatched  to  California  to  supersede  both  Alva- 
rado and  Vallejo. 

The  first  intimation  these  officers  had  of  this  unex- 
pected result  of  their  appeals  to  the  general  govern- 
ment, was  the  appearance  of  General  Micheltorena  at 
San  Diego,  with  full  powers  to  assume  both  the  mili- 
tary and  civil  government  of  the  department  of  Cali- 
fornia. This  was  a  turn  of  affairs  as  undesired  as  un- 
expected, and,  laying  aside  their  personal  differences, 
Alvarado  and  Vallejo  formed  an  alliance  to  resist 
what  they  termed  the  usurpation  of  Micheltorena. 
Uniting  their  influence,  it  was  not  a  difficult  matter 
to  bring  the  Spanish-speaking  inhabitants,  always 
ready  for  an  uprising,  to  their  standard.  Among 
other  arguments  used  to  induce  them  to  join  the  re- 
volt against  the  general  government,  was  the  rapid 
influx  of  foreigners,  particularly  of  Americans.  The 
pastoral,  indolent,  pleasure-loving  Mexicans  were  no 
match  in  business  affairs  with  the  energetic,  wide- 
awake, and,  in  many  cases,  unscrupulous  foreigner. 
Wherever  he  had  located  he  had  possessed  the  coun- 
try. Even  at  that  early  day  .=ome  of  the  far-seeing 
ones  among  the  native  population  predicted  that,  un- 
less the  tide  of  immigration  was  immediately  stopped, 
California  would  be  lost  to  their  people.  This  senti- 
ment was  made  use  of  by  Alvarado  and  Vallejo,  and 
the  boast  of  their  troops  was,  that,  after  disposing  of 
Micheltorena,  they  would  settle  with  the  foreigners. 
The  Americans,  or  "Gringos"  as  they  called  them, 
were  particularly  the  subjects  of  their  hatred. 

The  Micheltorena  War  made  no  impression  on  this 

community.  The  new  governor,  after  landing  at  San 
Diego,  advanced  up  the  country  as  far  as  what  is  now 
known  as  the  Twelve  Mile  House  on  the  Monterey 
road.  Here,  learning  that  the  country  around  the  bay 
was  in  arms  him,  he  retired.  With  this  ex- 
ception, the  campaign  was  conducted  elsewhere. 
Some  of  the  foreigners  residing  in  the  Santa  Clara 
Valley  joined  Micheltorena,  while  others  who  had 
joined  him  in  other  places  afterwards  became  resi- 
dents of  this  community.  Except  this,  the  war  had 
no  effect  on  this  county.  After  a  series  of  reverses 
Micheltorena,  in  1845,  was  compelled  to  quit  the 
country.  When  this  was  accomplished,  Pio  Pico  was 
chosen  governor,  and  Jose  Castro,  who  had  given 
material  aid  to  Alvarado  and  Vallejo,  was  appointed 


The  feeling  against  the  Americans  was  growing 
more  intense.  The  enlistment  of  many  of  them  under 
the  banner  of  Micheltorena,  together  with  acts  of  ag- 
gression on  the  part  of  others,  had  served  to  aggra- 
vate the  feeling  of  enmity,  but  no  organized  move- 
ment against  them  was  made  until  the  following  year, 
1846.  Gen.  J.  C.  Fremont,  who  had  been  conducting 
a  topographical  survey  for  the  United  States,  had  lost 
a  portion  of  his  party,  and  visited  this  district  to  look 
for  them.  Having  heard  that  they  were  camped  on 
the  San  Joaquin  River,  he  sent  Kit  Carson  with  two 
companies  to  pilot  them  into  the  Santa  Clara  Valley. 
Pending  their  arrival,  he  went  to  Monterey,  and,  being 
short  of  provisions,  he,  in  company  with  Thomas  O. 
Larkin,  called  on  General  Castro,  and,  stating  the 
cause  of  his  being  there,  asked  permission  to  pass 
through  the  country.  A  verbal  assurance  that  he 
would  be  unmolested  was  given,  but  a  written  pass- 
port was  not  granted,  General  Castro  stating  that  his 
word  was  as  good  as  any  written  document  could  be. 
A  like  assurance  was  also  received  from  Don  Manuel 
Castro,  then  prefect  of  the  district.  Returning  to  San 
Jose  he  met  Kit  C;irson,  who  had  safely  arrived  with 
the  missing  party  from  the  San  Joaquin,  but  not  find- 
ing here  a  sufficient  store  of  provisions,  he  determined 
to  g  )  back  to  Monterey. 

On  the  way  back  he  encamped  at  the  Rancho  La- 
guna  Seca,  about  eigliteen  miles  south  of  San  Jose, 
the  property  of  William  Fisher.  Here  a  Mexican 
came  into  camp  and  claimed  certain  horses  belonging 
to  the  command,  alleging  that  they  had  been  stolen. 
General  (then  Captain)  Fremont,  knowing  that  the 
horses  had  been  brought  by  his  command  from  the 



United  States,  refused  to  give  them  up.  The  Mexi- 
can, who  was  evidently  in  the  employ  of  the  Mexican 
authorities,  left  the  camp,  and,  riding  to  San  Jose, 
lodged  a  complaint  with  the  Alcalde,  against  Fremont, 
charging  him  with  the  crime  of  horse  stealing.  On 
the  twentieth  of  February,  1846,  the  Alcalde  issued  a 
summons  citing  Fremont  to  appear  before  him  and 
answer  the  charge.  This  summons  Captain  Fremont 
refused  to  obey,  but  sent  a  written  communication  to 
Dolores  Pacheco,  who  was  then  Alcalde,  setting  forth 
his  title  to  the  animals  claimed.  Having  done  this  he 
proceeded  to  cross  the  Santa  Cruz  Mountains,  taking 
nearly  the  same  route  now  followed  by  the  South 
Pacific  Coast  Railroad.  Failing  to  reach  him  by  civil 
process,  the  prefect,  Don  Manuel  Castro,  sent  him, 
by  an  armed  escort,  a  message  commanding  him  to 
immediately  leave  the  country,  or  force  would  be  used 
to  compel  him  to  do  so. 

Fremont,  convinced  that  the  Mexican  authorities 
were  determined  to  molest  him,  immediately  marched 
to  Hawkes'  Peak,  a  rough  mountain  about  thirty 
miles  from  Monterey,  and  intrenched  himself  See- 
ing that  his  intended  victim  had  taken  the  alarm. 
General  Castro  threw  off  all  disguise,  and,  placing  him- 
self at  the  held  of  a  company  of  about  two  hundred 
men,  with  a  couple  of  small  cannon,  made  a  demon- 
stration toward  the  American  position.  Don  Jose's 
courage,  however,  does  not  seem  to  have  been  equal 
to  his  vanity,  for,  while  announcing  to  his  followers, 
and  to  the  headquarters  at  Mexico,  the  dire  retri- 
bution that  he  was  about  to  visit  on  the  cursed 
"Gringos,"  he  contented  himself  with  showing  his 
force  at  a  safe  distance  from  the  rifles  of  the  Ameri- 
cans. Finding  that  this  display  did  not  strike  terror 
to  the  hearts  of  the  strangers,  and  compel  them  to 
flight,  he  essayed  by  treachery  to  accomplish  that 
which  he  had  not  courage  to  attempt  by  force.  He 
wrote  a  letter  to  Fremont  proposing  that  they  should 
join  forces,  and  together  march  against  Governor 
Pio  Pico  and  conquer  the  country  for  themselves. 
John  Gilroy,  the  Scotchman  whom  we  have  spoken 
of  as  being  the  first  foreigner  to  settle  in  this  county, 
was  selected  as  the  messenger  to  bear  this  proposition 
to  Fremont.  Whether  Castro  intended  by  this  means 
to  get  Fremont  into  his  power,  or  whether  he  really 
meditated  treachery  against  his  own  country,  will 
never  be  known,  for,  when  Gilroy  reached  Hawkes' 
Peak,  which  he  did  on  the  tenth,  the  enemy  had  van- 
ished. Fremont  had  waited  throe  days  for  Castro's 
attack,  and,  not  having  any  more  time  to  spare,  had 

abandoned  his  camp,  and  by  a  forced  march  reached 
the  San  Joaquin  Valley. 

As  soon  as  Castro  learned  that  the  enemy  had  re- 
tired, his  courage  revived,  and,  making  a  charge  on 
the  abandoned  works,  secured  material  for  a  grandil- 
oquent dispatch,  which  he  lost  no  time  in  writing  and 
forwarding  to  Monterey.  The  report,  after  reciting 
the  deeds  of  valor  performed  by  himself,  concluded 
with  the  statement  that  he  should  not  return  to  peace- 
ful pursuits  until  every  accursed  foreigner  had  been 
swept  from  the  country. 

At  this  time  there  was  great  dissatisfaction  on  the 
part  of  the  Mexican  inhabitants  of  California,  by  rea- 
son of  the  treatment  they  were  receiving  at  the  hands 
of  the  central  government.  They  received  no  assist- 
ance or  protection  from  Mexico,  and,  while  taking  care 
of  themselves,  were  paying  revenue  to  the  general 
treasury.  This  dissatisfaction  finally  culminated  in  a 
convention  held  at  the  Mission  San  Juan,  at  which 
the  question  was  discussed  as  to  which  power,  En- 
gland or  France,  should  be  selected  to  establish  a  pro- 
tectorate over  the  country.  Don  Mariano  Guadalupe 
Vallejo  was  a  member  of  this  convention,  and  de- 
livered an  eloquent  speech  against  submitting  to  a 
protectorate  from  any  power,  and  urging  his  people  to 
declare  their  independence  and  set  up  a  government 
for  themselves.  While  his  speech  did  not  induce  the 
protectionists  to  abandon  their  position,  it  had  the 
effect  of  postponing  their  decision,  and  this  delay 
made  it  possible  for  the  United  States  to  acquire 
California.  The  English  Government  it  seems  was  in 
communication  with  Pico  and  Castro,  and  confidently 
expected  through  them  to  add  California  to  its  list  of 
colonies.  Admiral  Seymour,  with  the  frigate  Colling- 
wood,  was  lying  in  the  harbor  at  Acapulco,  about  to 
sail  for  Monterey,  to  take  possession  of  the  country. 
At  the  same  time  Commodore  Sloat,  with  a  United 
States  vessel,  was  at  the  same  port. 

John  Parrot,  afterwards  a  prominent  citizen  of  San 
Francisco,  was  then  in  Mexico,  and  in  a  position  where 
he  was  enabled  to  learn  something  of  the  intentions 
of  the  British  Government  in  regard  to  California. 
Ascertaining  that  a  movement  was  about  to  be  made 
to  hoist  the  English  flag  over  the  capitol  at  Monterey, 
he  sent  a  courier  to  Commodore  Sloat  warning  him 
of  this  intention.  The  Commodore  immediately  went 
to  sea.  He  reached  Monterey  Bay,  and,  on  the 
seventh  day  of  July,  1846,  hoisted  the  star-spangled 
banner  over  the  capitol  of  the  department.  Admiral 
Seymour    arrived    soon    afterward,    but,    having   no 



authority  to  inaugurate  hostilities  with  the  United 
States,  he  was  powerless.  If  the  convention  at  San 
Juan  had  declared  the  independence  of  Alta  Cali- 
fornia, or  had  taken  other  steps  to  sever  their  alle- 
giance to  Mexico,  the  result  would  have  been  quite 
different.  But,  being  a  colony  of  a  country  which 
was  at  war  with  the  United  States,  the  capture  of 
California  by  Commodore  Sloat  was  entirely  legiti- 
mate, and  no  outside  power  had  a  right  to  interfere. 

Two  days  after  raising  the  American  flag  at  Mont- 
erey, Commodore  Sloat  issued  the  following  procla- 
mation, a  copy  of  which  was  sent  by  a  courier,  Henry 
Pitts,  to  General  Castro,  then  with  his  forces  at  San 
Jose: — 

"To  tJic  inhabitants  of  California — 

"The  central  troops  of  Mexico  having  commenced 
hostilities  against  the  United  States  of  America  by 
invading  its  territory,  and  attacking  the  troops  of  the 
United  States  stationed  on  the  north  side  of  the  Rio 
Grande,  and  with  a  force  of  seven  thousand  men, 
under  the  command  of  General  Arista,  which  army 
was  totally  destroyed,  and  all  their  artillery,  bag- 
gage, etc.,  captured  on  the  eighth  and  ninth  of  May 
last,  by  a  force  of  twenty-three  hundred  men,  un- 
der the  command  of  General  Taylor,  and  the  city  of 
Matamoras  taken  and  occupied  by  the  forces  of  the 
United  States,  and  the  two  nations  being  actually  at 
war  by  this  transaction,  I  shall  hoist  the  standard  of 
the  United  States  at  Monterey  immediately,  and  shall 
carry  it  through  California.  I  declare  to  the  inhabit- 
ants of  California,  that,  although  I  come  in  arm.s,  with 
a  powerful  force,  I  do  not  come  among  them  as  an 
enemy  of  California;  on  the  contrary,  I  come  as  their 
best  friend,  as  henceforth  California  will  be  a  portion 
of  the  United  States,  and  its  peaceable  inhabitants 
will  enjoy  the  same  rights  and  privileges  they  now 
enjoy,  together  with  the  privilege  of  choosing  their 
own  magistrates  and  other  officers  for  the  adminis- 
tration of  justice  among  themselves;  and  the  same 
protection  will  be  extended  to  them  as  to  any  other 
State  in  the  Union.  They  will  also  enjoy  a  perma- 
nent government,  under  which  life  and  property  and 
the  constitutional  right  and  lawful  security  to  worship 
the  Creator  in  the  way  most  congenial  to  each  one's 
sense  of  duty  will  be  secured,  which,  unfortunately,  the 
central  government  of  Mexico  cannot  afford  them,  de- 
stroyed, as  her  resources  are,  by  internal  factions  and 
corrupt  officers,  who  create  constant  revolutions  to 
promote  their  own  interests  and  oppress  the  people. 
Under  the  flag  of  the  United  States,  California  will 

be  free  from  all  such  troubles  and  expenses;  conse- 
quently the  country  will  rapidly  advance  and  improve, 
both  in  agriculture  and  commerce;  as,  of  course,  the 
revenue  laws  will  be  the  same  in  California  as  in  all 
other  parts  of  the  United  States,  affording  them  all 
manufactures  and  produce  of  the  United  States  free 
of  any  duty,  and  of  all  foreign  goods  at  one-quarter 
the  duty  they  now  pay.  A  great  increase  in  the 
value  of  real  estate  and  the  products  of  California  may 
be  anticipated.  With  the  great  interest  and  kind 
feelings  I  know  the  government  and  people  of  the 
United  States  possess  toward  the  citizens  of  California, 
the  country  cannot  but  improve  more  rapidly  than 
any  other  on  the  continent  of  America.  Such  of  the 
inhabitants,  whether  natives  or  foreigners,  as  may  not 
be  disposed  to  accept  the  high  privileges  of  citizen- 
ship, and  to  live  peacefully  under  the  Government  of 
the  United  States,  will  be  allowed  time  to  dispose  of 
their  property,  and  remove  out  of  the  country,  if  they 
choose,  without  any  restriction,  or  remain  in  it,  main- 
taining strict  neutrality.  With  full  confidence  in  the 
honor  and  integrity  of  the  inhabitants  of  the  country, 
I  invite  the  judges,  Alcaldes,  and  other  civil  officers,  to 
execute  their  functions  as  heretofore,  that  the  public 
tranquillity  may  not  be  disturbed,  at  least  until  the 
government  of  the  territory  can  be  definitely  ar- 
ranged. All  persons  holding  titles  to  real  estate,  or 
in  quiet  possession  of  lands  under  color  of  right,  shall 
have  these  titles  guaranteed  to  them.  All  churches, 
and  the  property  they  contain,  in  possession  of  the 
clergy  of  California,  shall  continue  in  the  same  right 
and  possession  they  now  enjoy.  All  provisions  and 
supplies  of  every  kind  furnished  by  the  inhabitants  for 
the  use  of  United  States  ships  or  soldiers,  will  be  paid 
for  at  fair  rates;  and  no  private  property  will  be 
taken  for  public  use  without  just  compensation  at  the 
moment.  JoHN  D.  Sloat, 

"CommanJer-in-Chief  of  the  U.  S.  Naval  Force  in  the  Pacific  Ocean." 

This  proclamation  of  Commodore  Sloat  was  the  first 
announcement  to  the  white  inhabitants  of  California 
that  war  was  pending  between  the  United  States  and 

We  left  the  Mexican  commander,  Castro, at  Hawkes' 
Peak,  where  he  had  captured  the  abandoned  camp  of 
Captain  Fremont.  From  there  he  marched  to  differ- 
ent points,  and  finally  established  his  headquarters  at 
Santa  Clara.  In  the  meantime  the  American  in- 
habitants of  California  had  become  thoroughly  con- 
vinced that  some  action  was  necessary  on  their 
part  to  preserve  their  lives  and  property  from  the 
attacks    of    the    Mexicans,   who   seemed  resolved    to 


carry  out  their  threat  formerly  made,  that  "after 
disposing  of  Micheltorena,  they  would  settle  with 
los  Americanos!'  They  were  too  weak  in  numbers 
to  make  headway  against  such  forces  as  Castro  and 
the  numerous  guerrilla  leaders  could  bring  into  the 
field;  but,  relying  on  securing  accessions  to  their 
numbers  from  the  large  trains  of  immigrants  arriving, 
and  to  arrive,  from  across  the  mountains,  they  resolved 
to  organize.  Besides  the  Americans,  there  were 
representatives  from  many  other  nations  amongst  the 
population  on  this  coast,  all  in  equal  jeopardy. 

A  meeting  was  held  in  Sonoma,  on  June  14,  1846, 
which  resulted  in  a  declaration  of  independence,  and 
the  raising  of  the  famous  "  Bear  Flag,"  on  the  plaza 
of  that  town,  as  the  standard  of  what  they  termed 
the  California  Republic.  At  the  time  of  the  capture 
of  Sonoma,  there  were  taken  prisoners,  General 
Vallejo,  who  had  so  eloquently  acted  the  part  of  a 
Patrick  Henry  at  the  convention  of  San  Juan,  to- 
gether with  his  brother-in-law,  Mr.  Jacob  P.  Leese, 
an  American;  Lieutenant-Colonel  Victor  Prudon,  and 
Captain  Don  Salvador  Vallejo.  The  Bear  Flag  party 
communicated  with  Fremont,  who  joined  them  at 
Sonoma,  on  the  morning  of  June  25,  with  ninety 
mounted  men,  called  the  Fremont  Rifles.  On  the 
receipt  of  the  news  of  the  capture  of  Sonoma,  Gen- 
eral Castro  issued  two  proclamations,  which  are  inter- 
esting, as  showing  how  much  more  energetic  he  was 
in  speech  than  in  action. 

"  The  citizen  Jose  Castro,  Lieutenant-Colonel  of  Cavalry 
in  the  Mexican  Army,  and  acting  General  Com- 
mander of  the  Department  of  California: — 
"Fellow-citizens :  The  contemptible  policy  of  the 
agents  of  the  United  States  of  North  America,  in  this 
department,  has  induced  a  portion  of  adventurers,  who, 
regardless  of  the  rights  of  men,  have  daringly  com- 
menced an  invasion,  possessing  themselves  of  the  town 
of  Sonoma,  taking  by  surprise  all  that  place,  the  mili- 
tary commander  of  that  border.  Colonel  Don  Mariano 
Guadalupe  Vallejo,  Lieutenant-Colonel  Don  Victor 
Prudon,  Captain  Salvador  Vallejo,  and  Mr.  Jacob 
P.  Leese.  Fellow-countrymen,  the  defense  of  our 
liberty,  the  true  religion  which  our  fathers  possessed, 
and  our  independence,  call  upon  us  to  sacrifice  our- 
selves rather  than  losethese  inestimable  blessings;  ban- 
ish from  your  hearts  all  petty  resentments,  turn  you 
and  behold  yourselves,  these  families,  these  innocent 
little  ones  which  have  unfortunately  fallen  into  the 
hands  of  our  enemies,  dragged  from  the  bosom  of 
their  fathers,  who  are  prisoners  among  foreigners,  and 

are  calling  upon  us  to  succor  them.  There  is  still 
time  for  us  to  rise  en  masse,  as  irresistible  as  retribu- 
tive. You  need  not  doubt  that  divine  Providence  will 
direct  us  in  the  way  to  glory.  You  should  not  vacil- 
late because  of  the  smallness  of  the  garrison  of  the 
general  headquarters,  for  he  who  will  sacrifice  himself 
will  be  your  friend  and  fellow-citizen. 

"Jo.sE  Castro. 
''Headquarters,  Santa  Clara,  June  ly,  iS.^6." 

"Citizen  Jose  Castro,  Lieutenant-Colonel  of  Artillery 
in  the  Mexican  Army,  and  acting  General  Com- 
mander of  the  Department  of  California: — 
"  All  foreigners  residing  among  us,  occupied  with 
their  business,  may  rest  assured  of  the  protection  of 
all  the  authorities  of  the  department,  whilst  they 
refrain  entirely  from  all  revolutionary  movements. 
The  general  commandancia  under  my  charge  will 
never  proceed  with  vigor  against  any  persons,  neither 
will  its  authority  result  in  mere  words,  wanting  proof 
to  support  it;  declaration  shall  be  taken,  proofs  exe- 
cuted, and  the  liberty  and  rights  of  the  laborious, 
which  are  ever  commendable,  shall  be  protected.  Let 
the  fortune  of  war  take  its  chance  with  those  ungrate- 
ful men,  who,  with  arms  in  their  hands,  have  attacked 
the  country,  without  recollecting  they  were  treated  by 
the  undersigned  with  all  the  indulgence  of  which  he 
is  so  characteristic.  The  inhabitants  of  the  depart- 
ment are  witnesses  to  the  truth  of  this.  I  have 
nothing  to  fear,  my  duty  leads  me  to  death  or  victory. 
I  am  a  Mexican  soldier,  and  I  will  be  free  and  inde- 
pendent, or  I  will  gladly  die  for  these  inestimable 
blessings.  JOSE  C ASTRO. 

"Headquarters,  Santa  Clara,  June  ly,  184.6." 

Notwithstanding  these  valorous  declarations,  Castro 
neglected  to  take  the  field,  but  remained  inactive,  the 
only  movement  on  his  part  being  to  change  his  camp 
from  Santa  Clara  to  San  Jose.  On  the  ninth  of  July, 
just  twenty-three  days  after  the  issuance  of  these 
proclamations,  in  which  the  doughty  general  had 
declared  his  unalterable  determination  to  die  in 
defense  of  his  country,  the  messenger  bearing 
Commodore  Sloat's  proclamation  came  riding  into 
San  Jose.  His  approach  had  been  announced  some 
little  time  before,  and  Castro  had  his  men  in  ranks 
when  the  courier  arrived.  Having  received  the  dis- 
patch and  glanced  over  it  to  ascertain  its  purport,  he 
formed  his  men  in  line  in  front  of  the  juzgado  on 
Market  Street,  and  announcing,  "Monterey  is  taken 
by  the  Americans,"  proceeded  to  read  to  them  the 



proclamation,  which,  having  been  concluded,  he  ex- 
claimed: "What  can  I  do  with  a  handful  of  men 
against  the  United  States? "  I  am  going  to  Mexico! 
All  you  who  wish  to  follow  me,  right-about-face ! 
All  that  wish  to  remain,  can  go  to  their  homes."  A 
very  few  of  his  men  elected  to  go  with  Castro,  and  with 
these  he  rode  off  southward,  on  the  same  day.  He 
did,  however,  give  the  Americans  a  parting  kick. 
Having  arrested  Charles  M.  Weber  in  his  store  in  San 
Jose,  he  carried  him  off  a  prisoner,  detaining  him  until 
the  party  reached  Los  Angeles,  where  he  was  released. 

While  these  events  were  transpiring,  Thomas 
Fallon  raised  a  company  of  twenty-two  men  at  Santa 
Cruz,  for  the  purpose  of  joining  the  Bear  Flag  party. 
Crossing  the  Santa  Cruz  Mountains  he  had  arrived 
within  about  three  miles  of  San  Jose,  when  he  learned 
that  Castro  was  holding  both  San  Jose  and  Santa 
Clara  with  a  force  of  about  three  hundred  men. 
Thinking  it  not  advisable  to  risk  his  small  company 
in  an  engagement  with  such  a  superior  force,  he  fell 
back  into  the  mountains.  Here  he  received  some 
accessions  to  his  numbers  and  returned  to  the  valley, 
concealing  himself  in  the  willows  and  mustard  along 
the  creek.  Here  he  heard  of  the  arrival  of  Commo- 
dore Sloat's  courier  and  of  Castro's  intention  to  retire- 
Getting  his  men  into  their  saddles,  they  dashed  into 
San  Jose  and  rode  to  the  juzgado.  But  it  was 
too  late;  Castro  had  fled  and  Fallon's  force  was  too 
small  for  pursuit.  He,  however,  took  possession  of 
the  juzgado,  together  with  the  archives  of  the  pueblo, 
and  made  a  prisoner  of  the  Alcalde,  Dolores  Pacheco. 
This  Pacheco,  it  will  be  remembered,  was  the  Alcalde 
who  summoned  Fremont  to  appear  before  him  to 
answer  the  charge  of  horse  stealing.  Captain  Fallon 
announced  his  victory  to  Commodore  Sloat,  who  sent 
him  an  American  flag,  which  was  raised  over  the  juz- 
gado on  the  thirteenth,  and  was  the  first  standard  of 
the  United  States  to  float  in  the  grateful  breezes  of 
this  beautiful  valley.  Fallon  appointed  James  Stokes 
as  Alcalde,  and  then,  with  his  company,  joined  Fre- 
mont, who  had  moved  down  to  San  Juan. 

The  necessity  of  holding  San  Jose  and  the  fertile 
valley  of  which  it  was  the  center,  induced  the  com- 
mander of  the  United  States  sloop  of  war  Portsmontli 
to  dispatch  its  purser,  Watmough,  to  the  pueblo,  with 
thirty-five  marines,  as  soon  as  it  became  known  that 
Fallon  had  gone  south.  He  made  his  headquarters 
at  the  juzgado,  and  strengthened  his  command  by  the 
enlistment  of  a  few  volunteers.  The  tide  of  war, 
however,  had  flowed  southward,  and  with  the  excep- 
tion of  a  short  expedition  against  the  Indians  of  San 

Joaquin  Valley,  the  military  operations  did  not 
amount  to  much.  He  returned  to  his  vessel  in  Oc- 

At  this  time  Commander  Hull,  of  the  United  States 
sloop  of  war  Warren,  was  in  command  of  the 
northern  district  of  California,  and  from  him  issued 
commissions  to  Charles  M.  Weber  as  captain,  and 
John  M.  Murphy  as  lieutenant,  of  a  company  to  be 
enlisted  in  the  land  service,  to  serve  during  the  war. 
They  raised  a  company  of  thirty-three  men,  and 
established  headquarters  in  an  adobe  building  on  the 
east  side  of  what  is  now  known  as  Lightston  Street. 
This  company  did  good  service  in  scouting  the  coun- 
try and  preventing  depredations  by  the  straggling 
remnants  of  Castro's  command,  and  securing  supplies 
for  the  use  of  the  troops. 

About  the  time  Weber  and  Murphy  received  their 
commissions,  a  body  of  immigrants  arrived  at  Sutter's 
Fort,  where  they  were  met  by  Captain  Swift,  of  Fre- 
mont's battalion,  who  had  been  detailed  as  recruiting 
officer.  Among  the  immigrants  was  Joseph  Aram, 
who  afterwards  became  an  honored  citizen  of  Santa 
Clara  County.  Aram  immediately  enlisted  and  was 
appointed  a  captain.  With  his  volunteers  he  pro- 
ceeded to  escort  the  families  of  the  immigrants  to 
Santa  Clara,  where  he  made  his  headquarters,  in 
November.  The  accommodations  were  very  inade- 
quate, and  the  season  being  a  very  rough  one,  four- 
teen died  by  February,  and  many  more  became 
seriously  sick.  Captain  Aram  had  a  force  of  thirty- 
one  men,  and  hearing  that  a  Colonel  Sanchez  with  a 
large  force  of  mounted  Mexicans  was  threatening  the 
mission,  he  proceeded  to  put  it  in  as  good  condition 
for  defense  as  his  means  would  permit.  Wagons, 
and  even  branches  cut  from  the  trees  on  the  Ala- 
meda, were  used  to  construct  barricades  across  the 
various  approaches. 

At  the  time  Captain  Aram  took  possession  of  the 
mission.  Captain  Mervin,  of  the  United  States  Navy, 
sent  Lieutenant  Pinckney  with  Midshipmen  Wat- 
mough and  Griffin,  of  the  Savannah,  and  sixty  men, 
to  re-inforcc  Weber  and  Murphy,  at  San  Jose.  On 
the  afternoon  of  November  2,  this  force  took  posses- 
sion of  the  juzgado  and  transformed  it  into  a  barrack, 
entrenching  the  position  by  breastworks  and  a  ditch. 
Videttes  were  stationed  on  all  the  roads,  and  a  senti- 
nel posted  on  the  Guadaloupe  bridge.  In  addition  to 
these  precautions,  Weber  and  Murphy's  company 
were  almost  continually  in  the  saddle,  scouting  the 
country  in  all  directions.  This  was  absolutely  nec- 
essary, as  the  Mexican  Sanchez,  with  a  large  force, 


was  hovering  around  the  valley,  picking  up  stragglers 
and  looking  for  a  favorable  opportunity  to  make  a 
sudden  attack.  At  the  same  time,  the  Americans 
were  anxious  to  meet  Sanchez  on  a  fair  field,  but  his 
movements  were  so  erratic  and  rapid  that  he  could 
not  be  brought  to  bay. 

In  the  first  days  of  September,  Sanchez,  by  means 
of  an  ambush,  surprised  and  captured  Lieut.  W.  A. 
Bartlett,  of  the  United  States  sloop  Warren,  and 
who  was  then  acting  as  Alcalde  of  San  Francisco. 
He,  with  five  men,  were  out  looking  for  supplies  of 
cattle  and  reached  a  point  near  the  Seventeen  Mile 
House,  when  Sanchez  dashed  out  from  the  brush  and 
made  them  prisoners.  Martin  Corcoran,  afterward  a 
prominent  citizen  of  Santa  Clara  County,  was  with 
the  captured  party.  The  prisoners  were  carried  to 
Sanchez'  camp,  which  was  among  the  redwoods  in  the 
foot-hills  of  the  Santa  Cruz  Range.  Word  was 
brought  to  San  Jose  that  Sanchez  was  somewhere  in 
the  northern  part  of  the  valley,  and  Weber  and 
Murphy  started  out  in  pursuit  with  their  company. 
After  advancing  a  few  miles,  they  ascertained  that 
Sanchez  had  received  large  accessions  to  his  force, 
including  a  piece  of  artillery,  and  was  occupying  a 
strong  position  in  the  hills  back  of  San  Mateo. 
Captain  Weber's  little  company  being  too  small  to 
render  an  attack  advisable,  pushed  on  to  San  Fran- 
cisco to  report  to  the  commander. 

As  soon  as  Weber  had  passed  on,  Sanchez  came 
down  out  of  the  hills  and  encamped  north  of  San 
Jose,  on  the  Higuerra  ranch.  Two  days  later  he 
started  for  the  pueblo,  thinking  he  could  capture  it 
without  a  figlit,  as  Weber's  company  was  absent. 
He  took  up  a  position  on  the  Almaden  road,  south 
of  town,  and  sent  in  a  flag  of  truce,  demanding  a  sur- 
render, stating  that  he  had  with  him  two  hundred 
men,  whose  eagerness  for  battle  could  with  difficulty 
be  restrained;  but  if  the  American  forces  would  leave 
San  Jose,  they  would  be  permitted  to  depart  un- 
molested. Lieutenant  Pinckney  refused  the  offer, 
doubled  his  guards,  and  prepared  for  battle.  That 
night  was  one  of  great  anxiety  to  the  little  band 
behind  the  intrenchments  on  Market  Street.  Every 
one  was  on  the  qui  vive,  and  although  each  nerve  was 
strung  to  its  utmost  tension,  there  was  no  flinching, 
even  in  the  face  of  the  overwhelming  odds  opposed 
to  them.  During  the  night,  Sanchez  circled  round 
the  town  and  carefully  inspected  the  position  of 
the  Americans  from  every  point.  But  when  he 
saw  the  preparations  made  for  his  reception,  his  heart 
failed  him,  and  he  rode  off  with  his  command  and 

went  into  camp  about  five  miles  north  of  Santa  Clara. 
He  kept  with  him  Lieutenant  Bartlett  and  his  men, 
whom  he  had  taken  prisoners  a  few  days  before.  At 
that  time,  J.  Alex.  Forbes,  the  acting  British  Consul, 
was  at  Santa  Clara.  Mr.  Forbes,  taking  a  small 
English  flag  in  his  hand,  visited  the  camp  of  Sanchez 
for  the  purpose  of  negotiating  for  the  release  of  the 
prisoners.  Sanchez  was  willing  that  Bartlett  might 
go  with  Forbes,  but  would  not  consent  that  he  should 
be  turned  over  to  the  Americans  unless  \.\\&y  would 
deliver  up  Capt.  Charles  Weber  in  his  place.  Forbes 
communicated  this  proposition  to  the  commander  at 
San  Francisco,  and,  pending  a  reply,  took  Bartlett  to 
his  own  home  in  Santa  Clara.  Word  came  quickly 
from  San  Francisco  that  Sanchez'  proposition  could 
not  be  entertained,  and  Bartlett  was  returned  to  the 
Mexican  camp. 

During  this  time  Weber's  company  had  reached 
San  Francisco,  where  it  was  joined  by  other  forces, 
and  all  were  placed  under  the  command  of  Capt. 
Ward  Marston,  United  States  Marine  Corps,  of  the 
Savannah.  The  composition  of  this  army  was  as 
follows:  Thirty-four  marines  under  command  of 
Lieut.  Robert  Tansill;  a  six-pound  ship's  gun,  with 
ten  men,  commanded  by  Master  William  F.  D.  Gough, 
assisted  by  Midshipman  John  Kell;  the  San  Jose 
Volunteers,  a  body  of  thirty-three  mounted  men, 
under  command  of  Capt.  Charles  M.  Weber  and 
Lieut.  John  M.  Murphy,  with  James  F.  Reed,  who 
was  seeking  relief  for  the  Donner  party,  as  second 
lieutenant;  Yerba  Buena  Volunteers,  under  command 
of  Capt.  William  M.  Smith,  and  a  detachment  of  twelve 
men,  under  command  of  Capt.  J.  Martin.  The  whole 
force  numbered  one  hundred  and  one  men.  They 
advanced  from  San  Francisco,  and  on  the  second  day 
of  January,  1847,  came  in  sight  of  Sanchez'  forces, 
about  four  miles  north  of  Santa  Clara.  The  Mexican 
force  was  about  two  hundred  and  fifty  men,  or  more 
than  two  to  one  against  the  Americans,  but  notwith- 
standing this  great  discrepancy,  the  little  band  of 
American  troops  advanced  to  the  attack  with  enthu- 
siasm. Sane  fz,  whose  scouts  had  brought  him 
intelligence  of  the  approach  of  the  troops  from  San 
Francisco,  first  sent  his  prisoners  towards  the  Santa 
Cruz  Mountains,  and  then  with  a  great  show  of  valor 
made  ready  for  battle.  As  soon  as  the  Americans 
came  in  sight  of 'the  enemy,  they  pressed  on  to  the 
attack,  before  which  Sanchez  fell  back.  The  Ameri- 
cans continued  to  advance,  and  brought  their  one 
piece  of  artillery  into  position,  but  at  the  third  round 
it  was  dismounted  by  the  recoil,  and  half  buried  in  the 



mud.  The  infantry,  however,  kept  up  a  hot  fire 
whenever  they  could  get  in  range,  which,  owing  to 
the  extreme  caution  of  the  enemy,  was  not  often- 
A  good  deal  of  ground  was  thus  traversed,  until 
finally  Sanchez  made  a  strong  demonstration  around 
the  right  flank  of  the  Americans,  evidently  with  the 
intention  of  cutting  off  and  stampeding  a  large  band 
of  horses  that  were  in  charge  of  the  United  States 

The  reports  of  the  artillery  and  the  volleys  of 
musketry  had  aroused  the  people  of  the  mission,  who 
ascended  the  house-tops  to  witness  the  battle.  Cap- 
tain Aram,  with  the  men  under  his  command,  was 
anxious  to  join  the  conflict,  but  as  all  the  women  and 
children  of  the  country  were  under  his  protection,  he 
did  not  feel  at  liberty  to  abandon  them,  especially  as 
Sanchez,  in  his  retrograde  movements,  was  approach- 
ing his  position.  However,  when  the  Mexicans  made 
the  demonstration  on  the  American  right,  as  above 
stated.  Captain  Aram,  at  the  head  of  his  men,  marched 
from  the  mission  with  speed  to  attack  Sanchez'  right 
wing.  At  the  same  time  Weber  and  Murphy's  com- 
pany charged  home,  and  drove  the  entire  Mexican 
force  from  the  field  and  towards  the  Santa  Cruz 
Mountains,  while  the  Americans  marched  in  triumph 
to  the  mission.  The  Mexican  loss  was  four  men 
killed  and  four  wounded.  The  Americans  had  two 
men  slightly  wounded. 

Soon  after  Sanchez  had  been  driven  from  the  field, 
he  sent  in  to  the  mission  a  flag  of  truce,  offering  a 
conditional  surrender.  The  reply  was  that  the  sur- 
render must  be  unconditional.  Sanchez  answered 
that  he  would  die  before  he  would  surrender  except 
on  the  conditions  proposed  by  him.  Finally,  a  cessa- 
tion of  hostilities  was  agreed  upon  until  such  a  time 
as  his  proposition  could  be  submitted  to  the  com- 
mander of  the  district,  at  San  Francisco. 

During  this  armistice,  and  the  day  after  the  battle, 
January  3,  Captain  Aram  went  to  the  Mexican  cor- 
ral to  look  for  some  horses  that  had  been  stolen  from 
the  Americans.  While  in  the  Mexican  camp  word 
was  brought  in  that  another  American  force  was 
advancing  from  the  direction  of  the  Santa  Cruz 
Mountains,  and  Sanchez,  who  seemed  to  be  in  great 
fear  of  an  attack,  requested  Captain  Aram  to  go  out 
and  meet  them  and  inform  them  of  the  armistice.  As 
no  re-inforcements  were  expected  from  that  direction, 
Aram  could  not  imagine  what  this  force  could  be; 
but  he  rode  out  to  meet  them,  accompanied  by  a  few 
men,and  the  acting  British  Consul,  J.  Alex.  Forbes.  It 
seems  that  the  hope  that  England  would  take  a  hand 

in  the  affairs  of  California  was  not  entirely  abandoned, 
for,  as  Lieutenant  Murphy  states,  Forbes  carried  with 
him  a  small  English  flag,  concealed  under  the  skirts 
of  his  saddle,  presumably  for  the  purpose  of  invoking 
the  aid  of  the  strangers  should  they  prove  to  be  En- 
glish. Several  of  the  men  in  the  escort  saw  the  flag, 
and  said  afterwards  that  had  an  attempt  been  made 
to  induce  British  interference  its  bearer  would  not 
have  survived  to  enjoy  the  fruits  of  his  negotiations. 
As  it  happened,  however,  the  new  party  proved  to  be 
a  force  of  fifty-nine  men  under  command  of  Cap- 
tain Maddox,  of  the  United  States  navy.  They 
were  disappointed  to  hear  of  the  armistice,  but  re- 
spected its  conditions.  Three  days  after  this  event 
a  courier  arrived  from  San  Francisco  with  orders 
informing  Captain  Marston  that  Sanchez'  surrender 
must  be  unconditional. 

On  the  next  day,  the  seventh,  Lieutenant  Grayson 
arrived  at  the  mission  with  another  re-inforcement  of 
fifteen  men,  and  on  the  eighth  Sanchez  unconditionally 
surrendered  his  entire  force.  His  men  were  allowed 
to  return  to  their  homes,  which  most  of  them  did,  and 
afterward  became  good  citizens  of  the  United  States. 
Sanchez  was  taken  to  San  Francisco,  and  for  a  time 
was  held  as  a  prisoner  of  war  on  board  the  Savannah, 

The  battle  of  Santa  Clara  was  the  last  of  hostilities 
in  this  county.  The  theater  of  war  was  transferred 
to  the  South,  and  no  hostile  gun  was  afterwards  fired 
in  the  beautiful  valley  of  Santa  Clara.  But  few 
months  elapsed  after  this  engagement  before  the 
soldiers  on  both  sides  were  mingled  together  in  the 
friendliest  kind  of  business  and  social  relations.  This 
will  not  seem  remarkable  when  it  is  remembered  that 
the  inhabitants  of  California  had,  for  a  number  of 
years,  been  dissatisfied  with  their  relations  to  the 
Mexican  Government.  They  had  contemplated  a 
revolution,  and  had,  in  a  manner,  accomplished  it 
when  they  drove  Micheltorena  from  the  country. 
They  did  not  intend  to  set  up  a  government  for  them- 
selves, but  were  seeking  the  protection  of  some  foreign 
power.  It  is  true  they  had  no  love  for  the  United 
States,  but  that  government  having  taken  possession 
of  the  country,  they  accepted  the  situation  as  being 
much  better  than  their  former  condition,  although 
not  what  they  had  hoped  to  achieve.  The  equal 
justice  which  was  administered  by  the  new  adminis- 
tration of  affairs  soon  reconciled  them  to  their  lot, 
and  in  a  very  few  years  they  congratulated  them- 
selves that  things  were  as  they  were,  and  not  as  they 
had  sought  to  make  them. 

Hostilities  between  the  United  States  and  Mexico 



ceased  early  in  1848,  and  February  2  of  that  year 
the  treaty  of  Guadalupe  Hidalgo  was  signed,  by 
which  California  was  ceded  to  the  conquerors.  This 
treaty  was  ratified  by  the  President  of  the  United 
States  March  16,  was  exchanged  at  Queretaro  May 
30,  and  was  proclaimed  by  the  President  July  4. 

California  was  now  the  property  of  the  United 
States,  but  had  neither  Territorial  nor  State  organiza- 
tion. In  fact,  it  had  no  Territorial  existence  until 
1849.  During  this  time  its  affairs  were  administered 
by  the  senior  military  officers  stationed  in  California. 
These  military  governors  were  as  follows :  Commo- 
dore John  D.  Sloat,  from  July  7,  1846;  Commodore 
Robert  F.  Stockton,  August  17,  1846;  Colonel  John 
C.  Fremont,  January,  1847;  General  Stephen  W. 
Kearney,  March  i,  1847;  Colonel  Richard  B.  Ma- 
son, May  31,  1847;  General  Bennett  Riley,  April 
13.  1849- 


In  January,  1848,  came  the  discovery  of  gold  at 
Sutter's  Mill.  The  excitement  caused  by  this  event  has 
been  described  both  in  prose  and  verse.  It  spread 
like  a  conflagration  throughout  the  coast,  and,  over- 
leaping the  Sierras,  swept  over  the  continent,  and 
thence  across  the  Atlantic  to  the  Old  World.  It 
came  to  the  Santa  Clara  Valley  after  the  annual  grain 
crops  had  been  planted.  All  business  was  suspended 
and  everybody  rushed  to  the  mines.  Many  succeeded 
in  securing  a  good  supply  of  the  precious  metal,  but 
many  more  did  not.  The  grain  in  the  fields  grew 
and  ripened,  but  waited  in  vain  for  the  reaper,  and 
was  finally  wasted  or  devoured  by  the  grazing  herds. 
Each  report  of  a  rich  find  intensified  the  excitement, 
while  the  numerous  stories  of  disappointment  seemed 
not  to  allay  the  fever.  The  town  and  country  were 
deserted.  There  being  no  crops,  for  lack  of  harvest- 
ers, all  food  supplies  went  up  to  fabulous  prices.  The 
flour  used  was  brought  chiefly  from  Chili  and  sold 
for  $20  per  barrel.  Everything  else  in  the  way  of 
food,  excepting  meat,  was  proportionately  high.  La- 
bor, when  it  could  be  procured,  was  from  $10  to  $18 
per  day.  Lumber  cost  $100  per  thousand  feet  for  the 
hauling  alone.  For  two  years  the  onions  raised  on 
about  six  acres  of  ground  near  where  the  Southern 
Pacific  Railroad  depot  now  stands  yielded  a  net  profit 
of  $20,000  per  year. 

It  has  gone  into  history  that  the  first  discovery  of 
gold  was  made  in  January,  1848,  by  Marshall,  in  the 
race  at  Sutter's  Mill.  Mrs.  Virginia  Murphy,  daugh- 
ter of  James  F.  Reed,  and  one  of  the  Donner  party, 

says  that  gold  was  discovered  at  Donner  Lake  in 
the  winter  of  1846-47.  She  says:  "We  were  seated 
around  the  fire  when  John  Denton,  a  gunsmith  by 
trade,  while  knocking  off  chips  from  the  rocks  on 
which  the  wood  was  placed,  saw  something  shining. 
He  examined  it  and  pronounced  it  to  be  gold.  He 
then  knocked  off  more  chips  from  the  rock,  and 
hunted  in  the  ashes  for  more  of  the  shining  particles 
until  he  had  gathered  a  tablespoonful.  He  wrapped 
the  gold  in  a  piece  of  buckskin  and  put  it  in  his 
pocket.  When  the  first  relief  party  came  in  he  went 
out  with  it,  but  died  on  the  way,  and  the  gold  was 
buried  with  him.  When  I  saw  my  father,  Mr.  Reed, 
I  told  him  of  the  circumstance,  and  he  said:  'If 
John  Denton  says  that  that  is  gold  it  is  gold,  for  he 
knows.'  My  father  intended  to  go  back  to  Donner 
Lake  to  search  for  the  precious  metal,  but  before  he 
started,  gold  was  discovered  at  Sutter's  Mill;  hence, 
he  did  not  return  to  the  lake.  I  have  been  told  that 
the  rocks  used  for  the  fire-place  had  been  washed 
down  from  a  mountain  where  gold  was,  but  this 
mountain  was  probably  many  miles  away." 

In  the  latter  part  of  1848  some  of  the  citizens  of 
San  Jose  who  had  gone  to  the  mines  returned.  Some 
had  made  fortunes,  others  a  few  hundred  or  a  few 
thousands  of  dollars,  and  others  had  made  nothing, 
and,  having  become  disgusted  with  their  luck,  came 
home  to  engage  in  other  pursuits.  Up  to  this  time 
the  immigration  to  California  had  been  made  up  of 
those  who  were  seeking  homes  for  agricultural  and 
other  business  purposes,  but  its  character  was  entirely 
changed  by  the  discovery  of  gold,  and  for  severa 
years  all  classes  of  people  poured  into  the  State. 
They  came  by  land  and  by  water  in  search  of  the 
glittering  metal.  They  were  from  all  countries  and 
were  of  all  classes  of  society,  from  the  highest  to  the 
lowest,  and  met  here  on  a  common  level.  Some  of 
the  most  talented,  educated,  and  refined  men  of  the 
nation  worked  with  pick  and  pan  with  nothing  in 
their  outward  appearance  to  indicate  the  sphere  in 
which  they  had  been  reared.  There  was  the  usual 
proportion  of  thieves,  gamblers,  and  "knights  of  indus- 
try," and  crime  became  rampant.  Judge  Lynch  pre- 
sided at  many  of  the  extemporized  courts,  and 
"miners'  law"  was  the  law  of  the  land.  A  very  large 
number  came  with  the  intention  of  quickly  acquiring 
a  fortune  and  returning  home.  But  few  of  these 
anticipations  were  realized.  Many  of  the  successful 
ones,  charmed  with  the  climate  and  fertile  soil  of 
California,  became  permanent  residents.  Many  of 
those  who  were  unsuccessful  in  the   mines   became 



successful  in  other  pursuits,  and  made  their  homes 
here.  Of  both  of  these  classes  San  Jose  received  a 
large  portion,  and  agriculture  and  other  industries 
began  to  be  developed.  Better  buildings  were  con- 
structed, business  enterprises  inaugurated,  the  Mexi- 
can inhabitants  with  their  grazing  herds  were  gradu- 
ally pushed  aside  by  the  rustling  American  from 
across  the  mountains,  and  the  vast  pastures  trans- 
formed into  fields  of  grain.  The  fertile  soil  of  the 
valley,  when  excited  by  the  industry  and  improved 
implements  of  the  immigrant,  developed  a  mine  of 
wealth  no  less  valuable  than  the  rich  placers  of  the 


The  large  increase  in  population,  and  the  number 
of  different  business  enterprises  that  were  inaugu- 
rated, created  a  demand  for  a  government  different 
from  that  administered  by  the  military  department, 
and  for  a  code  of  laws  other  than  the  traditions  of 
Mexican  jurisprudence.  The  matter  was  represented 
to  General  Riley,  then  military  governor,  who  called 
the  people  to  meet  in  convention  and  frame  a  consti- 
tution preliminary  to  asking  Congress  for  admission 
as  a  State  of  the  Union.  This,  the  first  Constitu- 
tional Convention,  met  at  Monterey  on  the  first  day  of 
September,  1849.  The  delegates  sent  from  San  Jose 
were  Joseph  Aram,  Kimble  H.  Dimick,  J.  D.  Hoppe, 
Antonio  M.  Pico,  Elam  Brown,  Julian  Hanks,  and 
Pedro  Sansevain. 

The  people  of  San  Jose,  even  at  this  early  day, 
did  not  lack  the  spirit  of  enterprise  which  has  since 
distinguished  them.  At  a  public  meeting  held  for 
that  purpose,  a  committee  consisting  of  Charles  White 
and  James  F.  Reed  was  appointed  for  the  purpose  of 
attending  the  convention  and  urging  upon  that  body 
the  advisability  of  selecting  San  Jose  as  the  future 
capital  of  the  new  State,  This  committee  was  met 
by  representatives  from  other  localities,  each  on  the 
same  errand.  San  Jose,  however,  carried  off  the  prize, 
but  in  order  to  accomplish  this,  they  were  compelled 
to  enter  into  an  agreement  that  suitable  buildings  for 
the  accommodation  of  the  State  government  should 
be  furnished  in  time  for  the  meeting  of  the  Legisla- 
ture, which  was  the  fifteenth  of  the  ensuing  Decem- 
ber. As  there  were  no  such  buildings  in  the  town, 
this  was  a  rather  bold  undertaking  on  the  part  of  the 
committee.  During  the  year,  a  large  adobe  house 
had  been  built  by  Messrs.  Rochon  and  Sansevain,  on 
the  east  side  of  Market  Plaza,  about  opposite  where 
the  new  City  Hall  now  stands.       This   was  the   only 

building  in  the  town  that  anyways  approached  the 
requirements  of  the  State.  The  Ayuntamiento,  or 
Town  Council,  resolved  to  rent  this  house  for  the  ac- 
commodation of  the  Legislature.  But  the  rent  asked 
was  $4,000  per  month,  and  after  further  consideration, 
it  was  concluded  to  purchase  the  property  for  $34,000, 
that  sum  being  less  than  would  have  to  be  paid  for  a 
year's  rent. 

It  was  easy  enough  to  resolve  to  purchase;  but  to 
provide  the  means  was  a  matter  of  considerable 
difficulty.  There  was  no  money,  and  the  owners  of 
the  building  would  not  take  the  pueblo  for  security. 
At  this  juncture,  a  number  of  public-spirited  citizens 
came  forward  and  executed  a  promissory  note  for 
$34,000,  with  interest  at  eight  per  cent  per  month, 
and  thus  solved  the  difficulty.  The  names  appended 
to  the  note  were:  R.  M.  May,  James  F.  Reed,  Peter 
Davidson,  William  McCutcheon,  Joseph  Aram,  David 
Dickey,  Charles  White,  F.  Lightston,  R.  C.  Keyes, 
Peter  Quivey,  J.  D.  Hoppe,  J.  C.  Cobb,  K.  H.  Dim- 
ick, Benjamin  Cory,  W.  H.  Eddy,  Grove  Cook, 
Isaac  Branham,  J.  Belden,  and  P.  Sansevain.  The 
deed  was  taken  in  the  names  of  Aram,  Belden,  and 
Reed,  as  trustees  for  the  purchasers,  with  a  condition 
that  the  property  should  be  conveyed  to  the  pueblo 
when  it  should  pay  for  the  same.  The  State  issued 
bonds  to  the  amount  of  $50,000,  to  pay  for  the 
property.  These  bonds  were  sold  for  forty  cents  on 
the  dollar,  leaving  the  original  purchasers  considera- 
bly out  of  pocket  on  the  investment.  To  recover  the 
balance,  suits  were  instituted  against  the  city,  and  the 
litigation  continued  for  a  number  of  years  in  differ- 
ent forms.  A  history  of  this  dispute  will  be  found 
in  the  chapter  on  "  Land  Titles,"  further  on  in  this 
work.  From  Mr.  Hall's  history  of  San  Jose,  we  take 
the  following  description  of  this  building:  "  It  was 
sixty  feet  long,  forty  feet  wide,  and  adorned  with  a 
piazza  in  front.  The  upper  story  contained  but  one 
room,  with  a  stairway  leading  thereto.  This  room 
was  occupied  by  the  Assembly.  The  lower  story 
was  divided  into  four  rooms.  The  largest  one  was 
forty  by  twenty  feet,  and  was  the  Senate  chamber. 
The  other  rooms  were  used  by  the  secretary  and 
various  committees.  In  front  of  it  stood  a  liberty 
pole,  the  top  splice  of  which  was  the  same  that  stood 
before  the  juzgado,  bearing  the  ample  folds  of  the 
first  United  States  colors  which  wafted  in  this  valley. 
This  same  top  splice  forms  the  upper  part  of  the 
pole  now  in  front  of  the  engine  house  on  Lightston 
Alley.  The  gilt  ball  at  the  top  contains  a  written 
history  of  the  facts  pertaining  thereto."     This  splice. 



with  its  gilt  ball,  was  afterwards  removed  and  placed 
on  the  top  of  the  old  City  Hall,  on  Market  Street. 

The  election  to  ratify  the  Constitution  was  held 
November  13,  1849,  the  San  Jose  District  casting  five 
hundred  and  sixty-seven  votes,  all  for  its  adoption. 
Peter  H.  Burnett  was  at  the  same  time  elected  Gov- 
ernor, his  opponent  being  W.  S.  Sherwood. 

The  condition  of  affairs  in  San  Jose  at  that  time  was 
very  crude,  both  socially  and  commercially.  It  is 
well  illustrated  by  "  Grandma  Bascom's  Story,"  from 
the  graceful  pen  of  Mrs.  M.  H.  Field,  of  San  Jose, 
and  which  was  published  in  the  Overland  Montlily, 
for  May,  1887,  and  from  which  we  quote: — 

"We  reached  Sacramento  on  the  last  day  of  Octo- 
ber. Then  we  took  a  boat  for  San  Francisco.  Our 
fare  was  $132,  and  we  were  eight  days  in  getting  to 
San  Francisco.  It  rained  and  rained.  I  remember 
at  Benicia  we  paid  $1.50  for  a  candle.  At  San  Fran- 
cisco we  had  hoped  to  find  a  house  all  ready  to  be 
put  together,  which  Doctor  had  bought  in  New  York 
and  ordered  sent  round  the  Horn.  He  had  also  sent 
in  the  same  cargo  a  great  lot  of  furniture  and  a  year's 
supply  of  provisions,  but  they  never  came  till  the  next 
April,  and  then  everything  was  spoiled  but  the  house. 
We  had  also  bought  in  San  Francisco  two  lots  at 
$1,700  each.  The  best  we  could  do  was  to  camp  on 
them.  The  first  night  in  San  Francisco  Mr.  Bryant 
came  to  take  supper  with  us,  and  the  Doctor,  to  cele- 
brate, bought  $5.00  worth  of  potatoes.  We  ate  them 
all  for  supper,  and  didn't  eat  so  very  many  either! 

"  We  had  intended  from  the  first  to  come  to  the 
Santa  Clara  Valley,  for  Doctor  said  that  wherever  the 
Catholic  Fathers  had  picked  out  a  site  must  be  a  good 
location.  The  children  and  I  stayed  in  the  city  while 
Doctor  came  on  horseback  to  San  Jose  and  bought  a 
house  for  us.  Then  he  came  back,  and  we  started  for 
San  Jose  with  Professor  Jack,  while  Doctor  stayed  in 
the  city  to  buy  and  ship  furniture  and  provisions  to 
us.  We  came  to  Alviso  in  the  boat  and  paid  another 
$150  in  fare,  just  for  me  and  the  children.  From 
Alviso  we  came  to  San  Jose  by  the  Pioneer  stage, 
through  fearful  mud  and  pouring  rain,  paying  an 
'ounce'  each  for  fare.  On  the  boat  I  got  acquainted 
with  two  nice  gentlemen,  both  ministers,  whose  names 
were  Blakeslee  and  Brierly.  They  two  were  coming 
to  San  Jose;  also  a  Mr.  Knox. 

'"We  haven't  any  place  to  lay  our  heads  when  we 
get  there,'  one  of  them  said. 

"  'Well,  I've  got  a  house,'  said  I,  'just  as  if  I  was  in 
Kentucky,  and  if  you  can  put  up  with  what  I'll  have 
to,  you  can  come  with  me  and  welcome.'     So  we  were 

all  driven  straight  to  my  house,  on  the  corner  of 
Second  and  San  Fernando  Streets.  It  was  just  dark, 
and  the  tenth  of  December. 

"  The  house  had  been  bought  of  a  Mrs.  Matthews, 
and  she  was  still  in  the  house.  Doctor  had  paid 
$7,000  for  the  house  and  two  fifty-vara  lots.  I  ex- 
pected to  see  at  least  a  decent  shelter;  but,  oh,  my  !  it 
was  just  as  one  of  the  children  said,  'Most  as  good 
as  our  old  Kentucky  corn-crib.'  It  had  two  rooms 
and  a  loft,  which  was  climbed  into  by  a  kind  of  ladder. 
The  roof  was  of  shakes  and  let  the  rain  right  through, 
and  the  floor  was  of  planks,  laid  down  with  the 
smooth  side  up,  and  great  cracks  between  that  let  the 
water  run  out.  I  was  thankful  for  that!  There  was 
a  chimney  in  the  house,  and  fire-place,  but  hardly  a 
bit  of  fire,  nor  any  wood.  It  was  rather  a  forlorn 
place  to  come  to  and  bring  visitors  to,  now,  wasn't  it  ? 
Yet  we  had  been  through  so  much  that  the  poorest 
shelter  looked  good  to  me,  and  besides  it  was  our 
new  home.  We  must  make  the  best  of  it.  Mrs. 
Matthews  had  a  good  supper  for  us  on  a  table  spread 
with  a  white  cloth,  and  the  children  were  overjoyed 
to  see  a  real  table-cloth  once  more. 

"  'Will  you  tell  me  where  I  can  get  some  wood?'  I 
said  to  Mrs.  Matthews,  thinking  that  a  fire  would  be 
the  best  possible  thing  for  us  all. 

"'You  can  buy  a  burro  load  in  the  morning,'  she 
answered.  '  I've  used  the  last  bit  to  get  supper  with.' 
Well,  the  end  of  it  was  we  took  our  supper  and  went 
to  bed — nut  on  our  nice  Kentucky  feather-beds,  but 
on  buffalo  skins  spread  on  the  floor,  and  without  any 
pillows.  Mr.  Knox  and  Mr.  Blakeslee  and  Mr.  Brierly 
climbed  up  into  the  loft,  and  turned  in  as  best  they 
could.  Mr.  Knox  was  sick,  too,  but  I  could  not  even 
give  him  a  cup  of  hot  tea.  I  said  to  Mrs.  Matthews 
that  I  wished  I  could  heat  a  stone  to  put  to  his  feet. 

"'Stone!'  said  she;  'there  are  no  stones  in  this 

"We  slept  as  if  we  were  on  downy  beds,  we  were  all 
so  tired.  The  next  morning  I  bought  a  'burro'  load 
of  wood  for  an 'ounce.'  Everything  cost  an  'ounce.' 
I  soon  got  used  to  it.  Wheat  was  75  cents  a  pound, 
butter  $1.00  a  pound,  eggs  $3.00  a  dozen.  A  chicken 
cost  $3.00,  milk  $1.00  a  quart.  But  their  prices 
matched  all  around.  Doctors  charged  $5.00  for  draw- 
ing a  tooth,  and  other  things  in  proportion.  I  don't 
know  as  it  made  any  difference.  I  divided  my  man- 
sion into  four  rooms,  with  curtains.  Doctor  came  and 
brought  us  furniture  and  all  the  comforts  money 
would  buy.  He  paid  $500  to  get  shingles  on  our 
roof.     Mr.  Blakeslee  and  Mr.  Brierly  stayed  with  us. 



We  all  seemed  to  get  on  well  together.  It  was  not 
till  spring  that  doctor  found  a  black  man  who  could 
cook.  He  paid  $800  for  him.  Folks  said  he  wouldn't 
stay — for,  of  course,  he  was  free  in  California — but  he 
did.     He  lived  with  us  for  four  years. 

"  People  began  to  ask  if  they  couldn't  stay  with  us 
just  for  a  few  days  till  they  found  some  other  home; 
and  then,  somehow,  they  stayed  on.  Everybody  had 
to  be  hospitable.  The  Legislature  was  in  session  and 
the  town  was  more  than  full.  The  first  thing  I  knew 
I  had  thirteen  boarders — senators  and  representatives, 
and  ministers,  and  teachers.  Nobody  who  came 
would  go  away.  I  could  always  manage  to  make 
people  feel  at  home,  and  they  would  all  say  that  they 
would  put  up  with  anything,  and  help  in  all  sorts  of 
ways,  if  I  would  only  let  them  stay.  It  was  as  good 
as  a  play  to  see  them  help  me.  Mr.  Leek  (he  was  the 
enrolling  clerk  in  the  Legislature)  was  a  wonderful 
hand  to  make  batter-cakes.  We  got  up  a  reputation 
on  batter-cakes,  and  our  house  was  dubbed  '  Slapjack 
Hall,'  by  my  boy  Al.  It  stuck  to  us.  Mr.  Bradford, 
from  Indiana,  could  brown  coffee  to  perfection. 

"  Mr.  Orr  and  Mr.  McMullen  always  brought  all  the 
water.  They  were  senators.  I  used  to  think  they 
liked  the  job  because  there  was  a  pretty  girl  in  the 
house  where  they  got  the  water.  And  that  reminds 
me,  several  families  got  water  from  the  same  well.  It 
was  just  a  hole  in  the  ground,  about  eight  or  ten  feet 
deep,  and  no  curb  around  it.  Once  a  baby  was  creep- 
ing round  on  the  ground  and  fell  into  it.  The  mother 
saw  it  and  ran  and  jumped  in  after  it.  Then  she 
screamed,  and  I  ran  out.  There  she  was  in  the  well, 
holding  the  baby  upside  down  to  get  the  water  out 
of  its  lungs!  'Throw  me  a  rope  !'  she  screamed,  and 
I  ran  for  a  rope.  Then  she  tied  it  around  the  baby, 
and  I  drew  it  up.  Meanwhile,  our  cries  brought  men 
to  the  rescue,  and  they  drew  up  the  poor  woman. 
We  tried  to  keep  the  well  covered  after  that. 

"  It  .seemed  impossible  to  get  a  cook.  We  even  had 
a  woman  come  down  from  San  Francisco,  but  she 
didn't  stay  when  she  found  we  really  expected  her  to 
cook.  She  .said  she  was  a  niece  of  Amos  Kendall's, 
and  wasn't  going  to  cook  for  anybody.  Professor 
Jack  helped  me  steadily,  and,  as  I  said,  everybody 
lent  a  hand.  We  had  a  very  gay  time  over  our  meals, 
and  everybody  was  willing  to  wash  dishes  and  tend 
baby.  I  used  to  go  up  to  the  Legislature  and  enjoy 
the  fun  there  as  much  as  they  enjoyed  my  house- 
keeping. The  March  of  that  winter  was  something 
to  remember.     People  used  to  gel  swamped  on  the 

corner  of  First  and  Santa  Clara  Streets.  A  little  boy 
was  drowned  there.     It  was  a  regular  trap  for  children. 

"Oh,  did  I  tell  you  I  built  the  first  church  and  the 
first  school-house  in  San  Jose  ?  I  did.  I  built  it  all 
alone,  with  my  own  hands,  and  the  only  tool  I  had 
was  a  good  stout  needle.  It  was  the  famous  '  Blue 
Tent '  you  have  heard  of.  Mr.  Blakeslee  asked  me  if 
I  could  make  it,  and  I  told  him  of  course  I  could. 
He  bought  the  cloth  and  cut  it  out.  It  was  of  blue 
jean,  and  cost  seventy-five  cents  a  yard.  The  Presby- 
terian Church  was  organized  in  it,  and  Mr.  Blakeslee 
had  a  school  in  it  all  winter. 

"  We  had  a  good  deal  of  party  going,  and  gave  en- 
tertainments, just  as  if  we  had  elegant  houses  and  all 
the  conveniences.  The  Spanish  people  were,  some  of 
them,  extremely  stylish.  The  ladies  had  dresses  as 
rich  as  silk  and  embroidery  could  make  them,  and  in 
their  long,  low  adobe  houses  there  were  rich  carpets 
and  silk  curtains  trimmed  with  gold  lace.  I  went  to 
the  first  wedding  in  one  of  these  houses.  Miss  Pico 
married  a  Mr.  Campbell.  It  was  very  grand,  but  the 
odd  dresses  and  the  odd  dishes  upset  my  dignity 
more  than  once.  Governor  and  Mrs.  McDougall  lived 
in  an  adobe  house  on  Market  Street,  and  they  had  a 
grand  party  there.  I  had  a  party,  too,  one  day,  and 
asked  all  the  ladies  of  my  acquaintance.  Mrs.  Bran- 
ham  had  given  me  six  eggs,  and  I  made  an  elegant 
cake,  which  I  was  going  to  pass  around  in  fine  style. 
I  began  by  passing  it  to  one  of  the  Spanish  ladies, 
and  she  took  the  whole  cake  at  one  swoop,  wrapped 
it  up  in  the  skirt  of  her  gorgeous  silk  dress,  and  said, 
'  Mucha  gracias.'  I  was  never  so  surprised  in  my 
life,  but  there  was  nothing  I  could  do.  The  rest  of 
us  had  to  go  without  cake  that  time. 

"  Cattle  and  horses  ran  about  the  streets,  and  there 
were  no  sidewalks.  We  had  to  just  pick  our  way 
round  as  best  we  could. 

"  In  the  spring  my  piano  came.  It  was  sent  by  way 
of  the  Isthmus.  It  was  the  first  piano  in  San  Jose. 
It  made  a  great  sensation.  Everybody  came  to  see 
it  and  hear  my  little  girl  play.  Indians  and  Spanish 
used  to  crowd  round  the  doors  and  windows  to  hear 
the  wonderful  music,  and  many  a  white  man,  too,  lin- 
gered and  listened  because  it  reminded  him  of  home. 

"  We  moved  into  a  better  house  in  the  spring,  very 
near  where  the  Methodist  Church  South  now  stands. 
We  paid  $125  a  month  for  it.  But  when  I  look  back 
it  seems  to  me  that  I  never  had  such  an  intellectual 
feast  as  in  old  'Slapjack  Hall.'  The  gentlemen  who 
figured  as  cooks  in  my  kitchen  were  the  most  intelli- 
gent and  agreeable  men  you  can  imagine.    They  were 



all  educated  and  smart,  and  they  appeared  just  as 
much  like  gentlemen  when  they  were  cooking  as 
when  they  were  making  speeches  in  the  Legislature. 
I  don't  believe  we  ever  again  had  such  a  choice  set 
of  folks  under  our  roof  here  in  San  Jose.  Doctor  and 
I  felt  honored  to  entertain  them,  and  yet  they  paid 
us  $20  a  week  for  the  privilege. 

"  Of  course  you  know  General  Fremont  and  his  wife 
were  here  that  winter,  and  I  knew  them  both.  Mrs. 
Fremont's  sister,  Mrs.  Jones,  and  I  were  great  friends. 
Yes,  indeed,  there  never  were  finer  people  than  my 
boarders  and  neighbors  in  '49.  Let  me  see;  there 
were  the  Cooks  and  Hoppes,  and  Cobbs  and  Joneses, 
the  Branhams  and  Beldens,  and  Hensleys  and  Will- 
iams, the  Bralys,  the  Hesters  and  Crosbys,  Murphys, 
Dickinsons,  Hendersons,  Kincaids,  Campbells,  Reeds, 
Houghtons,  Tafts  and  Moodys.  Then  amongst  the 
Spanish  were  the  Picos  and  Sunols.  Very  likely  I 
have  forgotten  a  great  many,  just  telling  them  off  in 
this  fashion,  but  I  never  forget  them  really.  Many  of 
the  best  citizens  of  San  Jose  now,  with  wives  and 
children,  yes,  and  grandchildren,  were  slim  young  fel- 
lows then,  who  had  come  to  California  to  seek  their 
fortunes.  Fine,  enterprising  boys  they  were  too. 
Some  of  them  boarded  with  me.  C.  T.  Ryland  and 
P.  O.  Minor  were  inmates  of  'Slapjack  Hall,'  and  Dr. 
Cory  and  the  Reeds  will  remember  it  well. 

"  In  1852  we  moved  out  on  the  Stockton  ranch,  and 
bought  our  own  farm  in  Santa  Clara,  on  which  we 
built  our  permanent  home,  Somerville  Lodge.  I  re- 
member we  paid  our  head  carpenter  $16  a  day.  The 
house  cost  us  $10,000.  It  would  not  cost  $1,000 
now.  We  bought  seeds  to  plant  a  garden,  and  an 
ounce  of  onion  seed  cost  an  ounce  of  gold  !  We  paid 
$6.00  each  for  our  fruit  trees.  A  mule  cost  $300;  a 
horse,  $400.  But  doctors'  services  were  just  as  high- 
priced,  and  so  we  kept  even." 


The  first  Legislature  met  December  15,  1849,  and 
on  the  20th  the  first  civil  Governor  was  inaugurated. 
Representatives  from  other  districts  who  had  been 
disappointed  in  not  securing  the  capital  at  the  Con- 
stitutional Convention,  renewed  their  efforts  in  the 
Legislature.  About  the  first  bill  introduced  into 
the  Assembly  was  by  George  B.  Tingley,  providing 
for  the  removal  of  the  capital  to  Monterey.  The 
State  House  was  not  well  adapted  to  the  use  of  the 
Legislature,  nor  were  all  the  conveniences  of  life  to  be 
had  in  San  Jose  at  that  early  day.  The  people  of  the 
city,  however,  exerted  themselves  to  make  the  condi- 

tion of  affairs  as  pleasant  as  possible.  They  kept 
open  house  and  entertained  the  law-makers  to  the  best 
of  their  ability. 

This  Legislature  passed  the  act  which  gave  San 
Jose  its  first  legal  incorporation  under  the  United 
States  rule.  The  act  was  passed  in  March,  1850,  and 
on  the  eleventh  of  April  the  Ayuntamiento  held  its 
last  meeting,  and  the  new  Common  Council  held  its 
first  meeting  under  the  charter  on  the  13th. 

The  anniversary  of  national  independence  was 
gratefully  remembered  in  this  first  year  of  American 
civil  administration  in  California.  Mr.  Hall  says 
"  there  was  a  grand  celebration,  and  much  more  inter- 
est felt  than  on  such  occasions  in  the  Eastern  States. 
The  isolation  from  the  other  States  made  the  feeling 
of  national  pride  increase.  We  felt  as  though  we 
were  in  a  foreign  land,  and  the  tendency  was  to 
brighten  and  vivify  the  love  of  the  whole  country  in 
every  American.  On  that  occasion  the  Hon.  Will- 
iam Voorhies  delivered  the  oration;  James  M.  Jones 
also  delivered  one  in  Spanish  for  the  benefit  of  the 
Mexicans  present.  Mr.  Sanford,  a  lawyer  from  Geor- 
gia, read  the  Declaration  of  Independence.  Thir- 
teen young  ladies  dressed  in  blue  spencers  and  white 
skirts  rode  on  horseback,  followed  by  the  'Eagle 
Guards,'  commanded  by  Capt.  Thomas  White;  also 
five  hundred  citizens,  some  on  horseback,  some  in 
carriages,  and  some  afoot,  made  up  the  national  pa- 
geant that  wound  its  way  to  the  south  of  the  town,  a 
mile  or  more,  in  the  grove  near  the  Almaden  road  ; 
and  there  the  ceremony  was  performed,  to  the  great 
pleasure  and  pride  of  the  American  settlers  in  this 
new  country." 


On  the  ninthday  of  September,  1850,  California  was 
admitted  to  the  Union  as  a  State,  and  on  the  sixth 
day  of  January  following  the  State  Legislature  as- 
sembled at  San  Jose.  On  the  eighth  Governor  Bur- 
nett tendered  his  resignation,  and  John  McDougall 
was  sworn  in  as  his  successor.  The  overwhelming 
question  was  the  removal  of  the  capital  from  San 
Jose.  The  citizens  did  all  in  their  power  to  retain 
it,  offering  large  grants  of  valuable  real  property  and 
funds  for  the  construction  of  public  buildings.  The 
State  scrip  which  the  members  were  compelled  to  re- 
ceive as  pay  for  their  services  was  worth  only  forty 
cents  on  the  dollar,  but  was  taken  at  par  by  the  citi- 
zens of  San  Jose.  In  short,  every  honorable  effort 
was  made  to  retain  the  capital,  but  in  vain.  General 
Vallejo  exerted  a  greater  influence,  and  an  act  was 



passed  February  14  removing  the   State  government 
to  Vallejo. 

With  this  Legislature  the  boundaries  of  Santa 
Clara  County,  as  a  political  subdivision  of  the  great 
State  of  California,  were  defined.  It  originally  in- 
cluded Washington  Township,  of  Alameda  County, 
but  this  was  afterwards  cut  off,  and  the  county  re- 
duced to  its  present  limits,  which  are  as  follows  :  Be- 
ginning at  a  point  opposite  the  mouth  of  the  San 
Francisquito  Creek,  being  the  common  corner  of 
Alameda,  San  Mateo,  and  Santa  Clara  Counties; 
thence  easterly  to  a  point  at  the  head  of  a  slough, 
which  is  an  arm  of  the  San  Francisco  Bay  at  its 
head,  making  into  the  mainland  in  front  of  theGegara 
rancho  ;  thence  easterly  to  a  lone  sycamore  vtree  that 
stands  in  a  ravine  between  the  dwellings  of  Flujencia 
and  Valentine  Gegara ;  thence  easterly  up  said  ravine 
to  the  top  of  the  mountains,  as  surveyed  by  Horace 
A.  Higley  ;  thence  on  a  direct  line  easterly  to  the 
common  corner  of  San  Joaquin,  Stanislaus,  Alameda, 
and  Santa  Clara  Counties,  on  the  summit  of  the 
Coast  Range ;  thence  southeasterly,  following  the 
summit  of  the  Coast  Range  to  the  northeast  corner  of 
Monterey  County;thence  westerly,  following  the  north- 
ern boundary  of  Monterey  County  to  the  southeast 
corner  of  Santa  Cruz  County  ;thence  northwesterly, fol- 
lowing the  summit  of  the  Santa  Cruz  Mountains  to  the 
head  of  San  Francisquito  Creek ;  thence  down  said 
creek  to  its  mouth ;  thence  in  a  direct  line  to  the 
place  of  beginning.  Containing  about  one  thousand 
three  hundred  square  miles. 


The  county  government  was  at  first  administered 
by  the  Court  of  Sessions,  which  held  jurisdiction  until 
1852,  when  the  Board  of  Supervisors  was  created. 
In  1854  the  government  again  went  into  the  hands 
of  the  Court  of  Sessions,  where  it  remained  until  the 
next  year,  when  the  Board  of  Supervisors  was  revived, 
and  has  administered  the  affairs  of  the  county  ever 
since.  Thus  far  we  have  as  nearly  as  possible  fol- 
lowed the  history  of  Santa  Clara  County  in  chrono- 
logical order;  but  in  order  to  facilitate  reference  we 
shall  henceforward  treat  each  subject  separately. 
Following  is  a  list  of  those  who  have  administered 
the  government  of  the  county  from  the  date  of  its 
organization  to  the  present  time: — 

On  the  first  day  of  June,  1850,  the  Court  of  Ses- 
sions was  organized,  with  J.  W.  Redmon,  President, 
and  Caswell  Davis  and  H.  C.  Smith,  Associate 

July  5 — J.  W.  Redmon,  President;  John  Gilroy, 
Caswell  Davis,  Associates. 

August  18 — J.  W.  Redmon,  President;  Charles 
Clayton  and  Caswell  Davis,  Associates. 

October  6,  1851— J.  W.  Redmon,  President;  R.  B. 
Buckner  and  Marcus  Williams,  Associates. 

December,  185 1 — J.  W.  Redmon,  President;  Cyrus 
G.  Sanders  and  Marcus  Williams,  Associates. 

May  14,  1852— J.  W.  Redmon,  President;  Peleg 
Rush  and  Cyrus  G.  Sanders,  Associates. 

An  election  for  Supervisors  was  held  June  3,  1852, 
and  in  July,  1852,  the  new  Board  was  organized  as 
follows: — 

Isaac  N.  Senter,  Chairman;  Fred  E.  Whitney, 
William  E.  Taylor,  Jacob  Gruwell,  Associates. 

December  6,  1852 — L.  W.  Bascom,  Chairman; 
John  B.  Allen,  A.  M.  Church,  Levi  Goodrich,  Joseph 
C.  Boyd,  Associates. 

September  7,  1853 — George  Peck,  Chairman; 
Daniel  Murphy,  R.  G.  Moody,  William  Daniels,  W. 
Gallimore,  Associates. 

In  April,  1854,  the  Court  of  Sessions  again  took 
charge,  being  composed  as  follows: — 

R.  B.  Buckner,  President;  Caswell  Davis,  Thomas 
L.  Vermuele,  Associates. 

October  i,  1854 — R.  B.  Buckner,  President;  Cas- 
well Davis,  C.  G.  Thomas,  Associates. 

On  April  9,  1855,  another  Board  of  Supervisors 
was  elected.  The  organization  of  the  Board  from 
that  time  has  been  as  follows: — 

April,  1855,  to  November,  1855— Samuel  Hender- 
son, William  R.  Bassham,  Daniel  Murphy. 

From  November,  1855,  to  November,  1856— Will- 
iam R.  Bassham,  William  R.  Bane,  Samuel  Morrison. 

From  November,  1856,  to  October,  1857 — Cary 
Peebels,  China  Smith  and  D.  R.  Douglas. 

From  October,  1857,  to  October,  1858 — Joseph  H. 
Kincaid,  Samuel  A.  Ballard,  Albert  Warthen. 

From  October,  1857,  to  November,  1859 — John  M. 
Swinford,  H.  D.  Coon,  Eli  Jones;  Isaac  Branham 
served  vice  Jones. 

From  November,  1859,  to  December,  i860 — -H.  D- 
Coon,  H.  J.  Bradley,  Isaac  Branham. 

From  December,  i860,  to  October,  1861— H.  J. 
Bradley,  William  M.  Williamson,  H.  D.  Coon. 

From  October,  1861,  to  November,  1862 — H.  J. 
Bradley,  William  M.  Williamson,  J.  H.  Adams. 

From  November,  1862,  to  March,  1864— William 
M.  Williamson,  J.  H.  Adams,  S.  S.  Johnson. 

From     March,     1864,    to    March,     1866 — John    A. 



Quinby,  Chapman  Yates,  L.  Robinson,  J.  A.  Perkins, 
Frank  Sleeper. 

From  March,  1866,  to  March,  1868— John  A. 
Quinby,  Frank  Sleeper,  John  A.  Perkins,  J.  O.  A. 
Ballou,  John  Cook. 

From  March,  1868,  to  March,  1870— David  Camp- 
bell, John  Cook,  William  H.  Hall,  W.  H.  Patton, 
Oliver  Cottle.  (Cottle  served  vice  Ballou,  who  re- 

From  March,  1870,  to  March,  1872 — David  Camp- 
bell, William  H.  Hall,  W.  H.  Patton,  J.  M.  Battee, 
Samuel  I.  Jamison. 

From  March,  1872,  to  March,  1874— J.  M.  Battee, 
William  Paul,  W.  N.  Furlong,  S.  I.  Jamison,  J.  W. 

From  March,  1874,  to  March,  1876— J.  M.  Battee, 
William  N.  Furlong,  J.  W.  Boulware,  Alfred  Chew, 
William  Paul,  A.  King,  H.  M.  Leonard. 

From  March,  1876,  to  March,  1878— S.  F.  Ayer, 
J.  M.  Battee,  Alfred  Chew,  W.  N.  Furlong,  A.  King, 
H.  M.  Leonard,  W.  H.  Rogers. 

From  March,  1878,  to  March,  1880— S.  F.  Ayer, 
W.  H.  Rogers,  W.  N.  Furlong,  John  Weathers,  J.  H. 
M.  Townsend,  M.  D.  Kell,  H.  M.  Leonard.  (Town- 
send  resigned  December,  1S79,  and  was  succeeded  by 
James  Snow.) 

From  March,  1880,  to  February,  1883 — S.  F.  Ayer, 
John  Weathers,  James  Snow,  M.  D.  Kell,  H.  M. 
Leonard,  H.  H.  Main,  Samuel  Rea. 

From  February,  1883-1885— W.  E.  Ward,  H. 
Tillotson,  W.  O.  Watson,  H.  McCleary,  Peter  Don- 
nelly, H.  H.  Main,  S.  A.  Blythe. 

From  March,  1885,  to  March,  1887— S.  F.  Ayer,  W. 
A.  Z.  Edwards,  A.  Greninger,  P.  Donnelly,  W.  O. 

From  March,  1887,  to  1888— S.  F.  Ayer,  W.  A.  Z. 
Edwards,  A.  Greninger,  W.  O.  Watson,  James  Pheg- 

Following  are  the  dates  at  which  the  several  town- 
ships in  the  county  were  first  organized: — 

Almaden,  1850;  Alviso,  1850;  Burnett,  1850;  Fre- 
mont, 1850;  Gilroy,  1850;  Milpitas,  1861;  Redwood, 
1850;  San  Jose,  1850;  Santa  Clara,  1850. 


As  to  the  titles  by  which  real  property  is  held  in 
this  county,  while  a  detailed  statement  of  all  the 
technicalities  through  which  they  have  passed  would  be 
out  of  place  in  a  work  of  this  kind,  a  general  review 
may  not  be  uninteresting  or  unprofitable. 

By  the  treaty  with  Mexico  by  which  California  was 

ceded  to  the  United  States,  it  was  provided  that  pri- 
vate ownership  in  lands  should  be  respected,  in 
other  words,  that  the  agreements  which  the  Govern- 
ment of  Mexico  had  made  with  its  subjects  in  refer- 
ence to  acquiring  title  to  lands  should  be  carried  out  by 
the  United  States.  The  Mexican  Government  had 
been  liberal  in  granting  its  territory  to  private  per- 
sons, but  it  prescribed  certain  formalities  to  be  per- 
formed before  a  complete  title  vested  in  the  grantee. 
These  conditions  were,  briefly,  as  follows: — 

The  party  asking  a  grant  of  lands  must  present  a 
petition  to  the  Governor,  stating  that  the  applicant  is 
a  citizen,  the  head  of  a  family,  and  that  he  is  in  need 
of  grazing  lands,  having  flocks  and  herds  to  main- 
tain. It  must  contain  a  general  description  of  the 
tract  he  desires,  and  be  accompanied  by  a  map  or 
sketch  called  a  deseno.  The  petition  when  received 
by  the  Governor  was  by  him  referred  to  the  Alcalde, 
or  some  other  like  inferior  officer  having  jurisdiction 
nearest  the  land  of  which  the  grant  was  asked.  This 
reference  was  generally  made  by  a  foot-note,  or  mar- 
ginal order,  directing  the  referee  to  inform  himself  in 
regard  to  the  facts  set  forth  in  the  petition,  whether  it 
would  interfere  with  the  rights  of  other  parties  to 
whom  grants  had  previously  been  made,  whether  the 
interests  of  the  government  would  be  injured  or  jeop- 
ardized by  complying  with  the  petition,  and  such 
other  information  as  he  might  deem  important,  and  to 
report  upon  it.  Upon  receiving  the  report  of  the  Al- 
calde, if  it  contained  no  objection,  the  Governor  made 
what  is  called  a  "provisional  grant."  The  descrip- 
tions in  these  provisional  grants  were,  usually,  very 
meager,  and  frequently  referred  to  the  petition  and 
deseno  to  help  them  out.  Frequently  the  grant  was 
made  of  a  certain  number  of  leagues  within  gener- 
ally described  exterior  boundaries,  and  out  of  this 
originated  many  of  the  frauds  which  resulted  in  the 
getting  of  many  more  leagues  than  was  intended  to  be 
granted  by  the  government.  The  grant  was  either  of 
a  grazing  right  or  in  absolute  property.  It  properly 
should,  and  generally  did,  contain  a  provision  to  the 
effect  that  it  should  be  presented  to  the  Territorial 
Departmental  Assembly,  which  was  the  legislative  body 
of  the  territory  of  Alta  California,  sitting  at  Monte- 
rey, for  approval. 

It  also  provided  that  what  is  called  "juridical  pos- 
session" should  be  given.  To  this  effect  an  order  was 
generally  made  to  some  inferior  officer,  an  Alcalde  or 
prefect,  or,  in  earlier  days,  to  some  inferior  military 
officer,  directing  him  to  go,  with  assisting  witnesses, 
upon  the  land  and  put  the  grantee  in  actual  posses- 



sion.  The  grant,  however,  was  considered  provisional 
or  incomplete  until  it  was  presented  to  the  Depart- 
mental Assembly  and  approved  by  that  body.  If  all 
these  formalities  were  strictly  complied  with,  the 
boundaries  defined  and  marked  out,  and  it  was  not 
within  the  exterior  boundaries  of  prior  concessions  or 
reservations,  it  was  called  a  perfect  or  complete  title 
as  contradistinguished  from  a  provisional  or  inchoate 

At  the  time  of  the  cession  of  California  there  was 
probably  not  a  perfect  or  complete  title  in  the  whole 
territory  of  Alta  California.  Under  the  terms  of  the 
treaty,  however,  the  holders  of  these  incomplete  titles 
were  to  be  permitted  to  go  on  and  complete  them 
under  the  laws  of  the  United  States. 

After  the  acquisition  of  California,  and  after  ascer- 
taining the  inchoate  condition  of  the  land  grants  and 
the  importance  of  having  them  segregated  from  the 
public  domain,  and  for  the  purpose  of  carrying  out 
the  provisions  of  the  treaty  of  Guadalupe  Hidalgo, 
an  act  was  passed  by  the  Congress  of  the  United 
States  on  the  third  of  March,  1851,  providing  for  com- 
missioners to  be  appointed  by  the  President  for  the 
purpose  of  ascertaining  and  settling  private  land 
grants  in  California,  with  a  right  of  appeal,  by  either 
the  government  or  claimant,  to  the  United  States 
District  Court  for  the  State  of  California,  or  to  the 
United  States  Supreme  Court.  To  this  commission 
all  claimants  were  required  to  present  their  petitions 
for  confirmation  of  their  claims.  Failure  to  so  pre- 
sent them  within  a  specified  time  after  the  passage  of 
the  act  worked  a  forfeiture  of  the  claim,  which  was 
thereafter  treated  as  part  of  the  public  domain.  Upon 
these  claims  being  confirmed  by  these  various  tribu- 
nals, surveys  were  made  by  the  Surveyor-General  and 
patents  issued  thereon. 

Those  lands  which  had  not  been  granted  by  the 
Mexican  Government  were  subject  to  the  laws  of  the 
United  States  governing  the  disposition  of  the  public 
domain.  Besides  these  two  classes  of  lands  there  was 
a  third,  that  is,  the  lands  granted  to  pueblos. 

Under  the  plan  of  Tepic,  on  the  formation  of  each 
new  pueblo  in  the  New  World,  it  was  entitled,  for  its 
own  use,  for  building  purposes  and  for  cultivation  and 
pasturage,  to  a  square  of  land  extending  one  league 
in  each  direction  from  the  center  of  the  plaza,  mak- 
ing in  all  four  square  leagues.  Where  the  topogra- 
phy of  the  country,  either  by  reason  of  the  juxtapo- 
sition of  the  sea  or  of  mountain  barriers,  prevented 
the  land  being  taken  in  the  form  of  a  square,  the  four 

leagues  were  taken  in  some  other  form  so  as  to  include 
the  pueblo. 

On  the  settlement  of  the  pueblo  of  San  Jose,  the 
Mission  of  Santa  Clara  having  been  established  to  the 
west,  the  Mission  of  San  Jose  to  the  north  and  east, 
and  the  Mission  of  San  Juan  to  the  south,  it  became 
necessary  to  designate  the  boundaries  so  that  the 
jurisdiction  of  the  pueblo  and  the  adjoining  missions 
would  not  conflict.  From  year  to  year  the  old  inhab- 
itants of  the  pueblo,  in  company  with  the  younger 
persons  in  the  community,  were  accustomed  to  go  out 
and  visit  the  monuments  erected  to  designate  these 
lines,  and  to  cast  additional  stones  upon  them  to  keep 
them  intact.  The  delimiting  line  between  the  pueblo 
and  the  Mission  of  San  Jose  ran  from  the  mountains 
to  the  bay,  about  midway  between  Warm  Springs 
and  the  present  town  of  Milpitas.  On  the  west  (re- 
sulting from  the  settlement  of  a  controversy  between 
the  Mission  Fathers  and  the  authorities  of  the  pueblo) 
the  Guadalupe  River  was  fixed  as  the  boundary, 
while  the  line  between  the  pueblo  and  the  Mission  of 
San  Juan  was  fixed  across  the  valley  to  the  south  in 
the  vicinity  of  Las  Llagas  Creek. 

San  Jose,  before  the  admission  of  California  to  the 
Union,  was  one  of  the  few  populous  settlements  in 
California,  and  was  known  at  that  time,  and  before, 
as  the  "  Upper  Pueblo."  It  was  selected  by  the 
framers  of  our  first  constitution  as  the  future  capital 
of  the  State.  Such  an  important  destiny  spurred  the 
inhabitants  to  an  extra  effort  to  provide  suitable  ac- 
commodations for  the  officers  of  the  State  and  its 
august  Legislature.  By  various  efforts,  in  the  new  and 
rather  chaotic  condition  of  things,  the  faith  of  the 
embryo  city  was  pledged  to  pay  the  expenses  of  build- 
ing a  State-house  fronting  on  the  plaza.  It  was 
rather  a  pretentious  building  for  those  times,  but 
would  be  considered  very  insignificant  in  comparison 
with  the  structures  surrounding  that  locality  at  the 
present  day.  At  all  events,  with  wages  at  an  ounce  a 
day  for  carpenters  and  masons,  and  lumber  at  several 
hundred  dollars  a  thousand  feet,  its  appearance  and 
size  were,  by  no  means,  commensurate  with  its  cost, 
which  was  $34,000. 

The  city  becoming  involved  and  unable  to  pay, 
under  the  direction  of  James  M.  Jones,  an  attorney 
then  lately  arrived  from  Louisiana,  a  judgment  was 
obtained  against  her  and  in  favor  of  the  creditors. 
An  execution  was  issued  on  this  judgment,  and  all 
the  pueblo  lands  sold  at  sheriffs  sale,  and  bought  in 
by  a  syndicate  styling  itself  the  "  San  Jose  Land  Com- 



pany."  This  syndicate  soon  became  known  in  the 
local  vernacular  as  the  "  Forty  Thieves,"  although  the 
number  of  its  members  was  less  than  forty,  and  they 
were  by  no  means  thieves.  But  the  title  they  claimed 
under  became  popularly  known,  and  has  passed  into 
history,  as  the  "Forty  Thieves'  Title." 

The  San  Jose  Land  Company,  after  acquiring  its 
sheriff's  deed  to  lands  belonging  to  the  city,  as  before 
related,  claiming  to  be  the  successor  in  interest  to  the 
pueblo,  presented  its  claim  to  the  United  States  Land 
Commission  sitting  in  San  Francisco,  praying  for  con- 
firmation to  it,  of  the  lands  contained  within  these 
boundaries,  asserting  that  there  had  been  a  concession 
by  the  Spanish  crown  to  the  pueblo  of  that  large 
tract.  A  mass  of  documentary  evidence,  correspond- 
ence, etc.,  was  introduced,  also  the  testimony  of  wit- 
nesses, to  the  fact  that  these  monuments  had  been 
placed  there  years  before,  and  had  been  recognized 
by  the  citizens.  Although  no  formal  concession  or 
grant  had  ever  been  found  or  produced,  it  was  asserted 
that  those  acts  indicated  that  one  had  actually  been 
made.  The  Board  of  Commissioners  and  the  United 
States  District  Court  confirmed  the  grant  to  these 
exterior  boundaries. 

In  the  meantime  settlers  had  located  on  lands  in- 
cluded in  this  tract,  under  the  impression  that  it  be- 
longed to  the  government,  or  to  private  parties  of 
whom  they  had  purchased.  They  had  made  improve- 
ments and  established  homes.  By  this  decision  ex- 
tending the  limits  of  the  pueblo,  their  property  was 
absorbed,  and  they  united,  some  fourteen  of  them,  in 
securing  an  appeal  to  the  Supreme  Court  of  the 
United  States. 

At  this  time  there  was  in  existence  a  body  known 
as  the  Commissioners  of  the  funded  debt  of  the  city 
of  San  Jose.  Judge  Spencer,  who  was  a  member  of 
this  board,  was  anxious  to  have  the  decision  of  the 
District  Court  sustained,  knowing  that  the  land  com- 
pany had  no  valid  claim,  and  that  if  the  title  to  this 
large  tract  was  confirmed  to  the  city,  it  could  be  main- 
tained. He  succeeded  in  effecting  a  compromise,  by 
which  the  Supreme  Court  affirmed  the  decision  of  the 
lower  court,  except  as  to  the  tracts  owned  by  the 
fourteen  settlers  as  before  stated.  A  final  decree  was 
made  to  this  effect.  Afterward  this  large  body  of 
land  was  sold  in  tracts,  to  actual  settlers,  at  the  price 
fixed  by  the  United  States  Government  for  its  public 
lands.  With  the  proceeds  of  these  sales  the  debt  of 
the  city  of  San  Jose  was  extinguished,  and  up  to  1887 
the  city  had  no  debt  of  any  kind  whatever.     In  due 

time   the  pueblo  was   surveyed    out,  and,  in    1884,  a 
patent  was  issued. 

This  claim  of  the  San  Jose  Land  Company  was  the 
subject  of  more  or  less  litigation  and  trouble  from 
time  to  time  until  1869.  It  came  up  in  the  case  of 
Branham  et  al.  versus  the  City  of  San  Jose,  where  it  was 
held  by  the  Supreme  Court  that  the  city's  lands  were 
not  subject  to  execution  and  sale  under  a  judgment 
against  her.  A  number  of  years  later,  upon  the  adop- 
tion of  a  charter  for  the  city,  a  clause  was  inserted 
which,  it  was  claimed,  confirmed  the  land  company's 
title.  Upon  that  claim  an  action  was  brought  in  the 
United  States  Circuit  Court  for  the  District  of  Cali- 
fornia to  recover  possession  of  the  large  body  of  land 
within  the  corporate  limits  which  had  not  passed  by 
legalized  grants.  The  case  was  Leroy  versus  Chaboya 
et  al. — some  six  hundred  different  defendants  being 
named,  and  involving  the  title  to  a  very  large  portion 
of  the  land  within  the  city  limits.  Mr.  E.  Spencer, 
who  was  counsel  for  the  defendants,  obtained  a  ruling 
from  the  District  Court  to  the  effect  that  the  provisions 
of  the  charter  referred  to  did  not  amount  to  a  con- 
firmation in  favor  of  the  land  company,  or  its  succes- 
sor, thus  ending  a  case  of  great  importance  to  the 
inhabitants  of  the  city  and  surrounding  territory,  and 
which  went  far  to  settle  land  titles  in  this  vicinity. 


Grants,  of  rather  an  indefinite  character,  were 
claimed  to  have  been  made  to  the  various  missions,  of 
which  there  were  a  number,  both  in  Northern  and 
Southern  California.  When  the  missions  were  secu- 
larized, as  elsewhere  related,  these  grants  reverted  to 
the  State.  Notwithstanding  this  act  of  secularization, 
several  of  the  missions  retained  more  or  less  landed 
property,  such  as  church  edifices,  orchards,  etc.,  and 
these,  in  most  instances,  were  afterwards  confirmed  to 
the  church;  but  a  large  body  of  grazing  lands  passed 
into  the  general  domain,  and  was  re-granted  to  pri- 
vate individuals.  There  was  quite  an  extended  legal 
warfare  before  these  lands  were  confirmed  to  the 
church.  It  was  claimed  that  when  the  missions 
were  secularized  all  property  reverted  to  the  Mexican 
Government,  and  as  it  had  never  been  re-granted  it 
became  the  public  domain  of  the  United  States  on 
the  session  of  California,  and  therefore  subject  to  pre- 
emption. The  orchard  property  of  Santa  Clara  was 
particularly  valuable,  and  was  settled,  on  by  several 
sets  of  squatters.  The  first  was  T.  W.  Redmon, 
county  judge,  who  held  the  orchard  for  several  years, 



selling  the  fruit  at  enormous  prices.  It  went  through 
several  hands,  and  was  the  subject  of  much  litigation, 
but  was  finally  confirmed  to  Archbishop  Allemany, 
representing  the  church. 

We  have  related  how  Lieutenant  Moraga,  under 
direction  of  the  Spanish  Government,  partitioned  to 
the  original  settlers  the  lands  of  the  new  pueblo. 
These  allotments  were  made  in  accordance  with  a 
rule  adopted  by  the  government,  by  which  rule  all 
pueblos  or  towns  were  to  be  laid  out  and  established 
under  the  plan  of  the  city  of  Tepic.  Under  this  plan 
the  tracts  of  land  were  divided  into  three  classes: 
so/ares,  or  building  lots;  siiertes,  or  lots  for  cultivation, 
and  egidos,  or  commons  for  pasturage  and  wood.  By 
the  Tepic  method  each  head  of  a  family  was  given 
four  suertes  and  one  solar. 

There  is  a  sufficient  record  of  this  allotment  having 
been  made  by  Moraga  at  the  first  location  north  of 
the  present  city,  but  no  record  has  ever  been  found 
of  a  similar  allotment  having  been  made  after  the  site 
of  the  pueblo  had  been  removed  to  its  present  loca- 
tion. It  is  a  legitimate  presumption  that  such  parti- 
tion was  made,  although  there  is  no  record  evidence. 
Judge  Spencer  tells  us  that  in  1852,  and  even  later, 
there  remained  landmarks  that  showed  something  of 
the  general  plan  of  the  location.  Among  these  were, 
in  several  places,  stumps  of  hedge-rows  forming  alleys 
leading  to  the  Guadaloupe  River— evidently  roads  used 
by  the  women  who  went  to  the  creek  to  wash.  He 
says  that  at  that  time,  and  until  the  willows  and  other 
vegetation  was  destroyed,  the  Guadaloupe  was  a  peren- 
nial stream,  supplied  in  the  summer-time  .from  the 
springs  in  the  lower  ground  south  of  town,  while 
from  the  Guadaloupe  were  the  remains,  tolerably  de- 
fined, of  ditches  leading  into  the  Canoas  Creek.  This 
word  "  canoas,"  besides  meaning  "  canoe,"  also  signi- 
fies a  "  trough;"  and  it  was  probably  for  this  latter 
meaning  that  the  Mexicans  applied  it  to  this  stream, 
as  they  evidently  used  it  for  the  purpose  of  conveying 
water  to  their  suertes,  or  planting  lands. 

There  were  also  remains  of  branch  ditches,  or 
acequias.  One  went  out  and  crossed  the  plaza  near 
the  site  of  the  new  City  Hall,  and  continued  on, 
crossing  First  Street  near  San  Fernando,  as  if  to  irri- 
gate the  land  sloping  to  the  north  and  east.  Another 
one  was  a  little  west  of  Market  Street,  crossing  Santa 
Clara  Street  diagonally,  going  through  the  grounds 
now  occupied  by  the  Sisters  of  Notre  Dame,  and  con- 
tinuing to  the  present  site  of  Hotel    Vendome  ;   from 

this  was  irrigated  the  lands  between  it  and  the  Guad- 
aloupe River,  which  it  paralleled.  In  one  of  the  suits 
regarding  the  land  claimed  as  suertes,  old  Pedro 
Chaboya  and  other  old  Mexican  witnesses  testified 
that  all  the  alkali  ground  in  the  northeast  portion  of 
the  city  was,  in  very  early  days,  fine  land  for  crops  ; 
hut  the  Coyote  River  having  overflowed  its  banks 
and  rushed  down  across  the  country,  the  soil  was 
washed  off,  and  when  the  water  receded  or  evapo- 
rated it  was  transformed  into  an  alkali  sink. 

It  seems  that  there  must  have  been  suertes  in  the 
vicinity  of  where  these  acequias  ran;  but  whether  they 
were  granted  with  actual  title,  or  only  for  temporary 
use,  there  is  no  evidence.  It  was  most  probably  the 
latter;  or,  if  actual  title  was  granted,  the  suertes  were 
abandoned.  This  conclusion  is  reached  from  the  fact 
that  years  ago  the  oldest  inhabitant  could  not  remem- 
ber the  location,  and  also  from  the  custom  of  the 
Mexicans,  in  those  primitive  days,  of  using  as  little 
labor  as  possible  in  growing  their  crops.  Where  the 
soil  was  refractory  they  were  unable,  with  their  rude 
implements,  to  get  it  into  proper  condition  for  plant- 
ing. When  the  land  became  too  hard  to  work  easily 
they  would  abandon  it  and  go  somewhere  else.  It 
was  their  custom  to  scout  the  foot-hills  for  places 
where  the  winter  rains  had  washed  down  the  rich 
surface  soil  from  the  mountains,  and  here  they  would 
repair  with  their  families  in  early  spring.  Having 
built  their  reviadas,  or  brush  houses,  they  would  plant 
the  soft,  rich  beds  with  corn,  beans.  Chilis,  melons, 
etc.,  and  watch  them  during  the  summer,  herding  off 
the  wild  cattle  that  roamed  in  droves  over  the  plains. 
As  the  crops  matured  they  would  gather  them,  hang- 
ing the  Chilis  on  long  strings,  like  beads;  the  corn 
would  be  husked,  and  the  husks  saved  as  wrappers 
for  cigarettes  and  tomales.  It  was  feast-time  with 
them  when  the  melons  were  ripe,  and  fandangoes  fol- 
lowed each  other  in  rapid  succession.  When  the 
crops  were  all  gathered  the  family  would  return  to  the 
pueblo,  and  the  following  spring  renew  their  prepara- 
tions for  their  little  crops,  or  milpitas,  as  they  called 
them.  The  margin  of  the  hills  northeast  of  San  Jose 
abounded  in  these  rich,  mellow  spots,  and  from  this 
was  derived  the  name  given  to  the  Milpitas  rancho 
and  town.  We  have  re-cited  this  custom  only  for  the 
purpose  of  strengthening  the  presumption  that  the 
title  to  the  suertes  to  the  east  of  Market  Street  was 
but  temporary,  and  had  lapsed  or  been  abandoned 
long  prior  to  the  American  occupation.  Knowing 
the  easy-going,  indolent  nature  of  the  people,  and 
that  the  character  of  the  soil  in  the  immediate  vicinity 



of  the  pueblo  renders  it  particularly  difficult  to  work 
after  a  few  years'  irrigation,  it  is  not  forcing  a  conclu- 
sion to  suppose  that  they  should  abandon  a  field  on 
which  their  rude  implements  could  make  no  impres- 
sion, for  the  more  fertile  and  tractable  ground  at  the 
foot  of  the  mountains  and  elsewhere. 

But  with  the  Americans  came  the  land  speculators, 
and,  as  the  pueblo  grew  in  importance  and  its  lands 
in  value,  suits  were  inaugurated  to  obtain  possession 
of  some  of  the  most  valuable  portions  of  the  city 
under  the  suerte  title.  None  of  them,  however,  were 
successful,  but  they  formed  a  chapter  of  the  most  im- 
portant and  sharpest  litigation  of  the  county.  There 
being  no  record  of  the  original  allotment  of  suertes, 
their  existence  could  only  be  proved  by  parol  testi- 
mony, and  for  this  purpose  the  "oldest  inhabitant" 
was  in  constant  demand.  The  few  old  landmarks 
which  we  have  mentioned  were  marshaled  with  all 
the  dignity  due  their  antiquity,  but  neither  these  nor 
the  imperfect  family  traditions  of  the  oldest  poblanos 
were  sufficient  to  warrant  a  judgment  in  favor  of  the 

settlers'  war. 

The  methods  used  by  the  Mexicans  to  measure  and 
mark  out  the  boundaries  of  their  grants  were  very 
crude,  and  resulted  in  much  inaccuracy.  Many  of 
them,  when  surveyed  out  by  the  United  States,  shrank 
or  expanded  their  dimensions  to  the  extent  of  many 
hundreds  of  acres.  Persons  who  had  settled  on  what 
was  thought  to  be  government  land  would,  after  som.e 
years  of  labor,  find  themselves  included  within  the 
boundaries  of  a  neighboring  grant,  and  would  be 
compelled  to  lose  their  homes  or  purchase  them 
again  of  another  owner.  Some  persons  were  com- 
pelled to  purchase  their  farms  several  times  before 
their  title  became  assured.  This  caused  great  dissat- 
isfaction among  the  settlers,  and  societies  were  formed 
to  meet  adverse  claimants,  with  force  if  necessary,  to 
prevent  eviction. 

These  societies,  though  very  determined  in  the  ex- 
pression of  their  rights,  generally  avoided  violent 
measures.  In  fact,  with  one  exception,  they  confined 
their  efforts  to  the  raising  of  funds  for  the  purpose  of 
defending  their  claims  in  the  courts.  The  exception 
referred  to  occurred  in  1861,  and  is  thus  recorded  by 
Mr.  Hall :  "  The  greatest  excitement  and  demonstra- 
tion that  was  ever  exhibited  in  this  county  upon  the 
question  of  land  titles  took  place  this  year.  The 
grant  of  Antonio  Chabolla  for  the  tract  of  land 
known  as  the  Yerba  Buena  Rancho,  lying  east  or 

southeast  of  the  town,  had  been  confirmed  to  the 
claimants  thereof  under  the  Chabolla  title  by  the 
United  States  courts.  There  were  many  settlers  of 
the  land,  some  of  whom  had  occupied  the  same  for 
quite  a  lengthy  period  under  the  belief  that  it  was 
public  land.  They  seemed  to  be  of  opinion  that  the 
grant  was  a  fraudulent  one,  notwithstanding  the  fact 
that  the  land  had  been  patented  by  the  United  States 
in  accordance  with  the  decree  of  confirmation.  The 
advice  which  had  been  given  the  settlers  was  evi- 
dently not  that  kind  which  had  a  tendency  to  better 
them,  or  to  cause  them  to  view  the  matter  in  the 
proper  light.  They  were  induced  to  expend  money 
in  the  way  of  lawyers'  fees  that  was  as  useless  as 
throwing  money  in  the  sea.  The  government  had 
conveyed,  in  fee  simple,  the  land  to  the  claimants,  and 
no  party  but  the  United  States  could  move  to  set 
aside  that  patent  upon  the  ground  of  fraud  or  any 
other  ground.  Suits  in  ejectment  had  been  instituted 
against  some  of  the  settlers  on  said  land,  and  judg- 
ments rendered  against  them  for  possession  of  certain 
tracts  in  the  third  judicial  district  of  this  State,  in  and 
for  the  county  of  Santa  Clara.  Wm.  Matthews,  Esq., 
of  counsel  for  plaintiff  in  those  cases,  caused  writs  of 
execution  for  possession  to  be  issued  to  the  sheriff 
of  the  county,  that  the  plaintiff  might  have  possession 
in  accordance  with  his  judgments. 

"  The  sheriff  summoned  a  posse  of  six  hundred  men 
to  meet  him  at  the  court-house,  to  go  with  and  to 
aid  him  in  executing  the  writ.  When  the  posse  as- 
sembled at  the  court-house  they  were  asked  if  they 
were  armed,  to  which  they  replied  in  the  negative; 
and  being  asked  if  they  would  arm  themselves,  like- 
wise replied  in  the  negative.  As  the  posse  would 
render  no  assistance,  they  were  dismissed  by  the 
sheriff.  About  one  o'clock  P.  M.  about  a  thousand 
settlers  paraded  through  the  town,  some  on  horses, 
some  in  wagons,  some  on  foot,  and  nearly  all  armed. 
They  had  one  small  cannon.  All  of  the  settlers' 
leagues  of  the  county  and  some  from  adjoining 
counties  were  said  to  have  been  present.  Toward 
the  close  of  the  day  they  went  to  their  respective 
homes  without  doing  any  damage,  save  that  of  dis- 
obeying the  writ."  When  the  excitement  cooled  off, 
better  councils  prevailed,  and  the  differences  were 
settled  peaceably. 


Until  1847  there  had  not  been  much  certainty  as 
to  the  location  of,  or  titles  to,  lots  in  the  pueblo  or 



town  of  San  Jose.  It  seemed  to  have  been  taken  for 
granted  that  the  laws  regulating  the  establishment  of 
Mexican  towns  had  been  complied  with,  and  that 
those  in  possession  had  valid  titles.  Whether  the 
title  was  good  or  not,  seemed  to  be  a  matter  of  little 
consequence  under  the  then  existing  condition  of 
affairs.  There  were  no  regularly  laid-out  streets. 
The  center  of  the  town  was  the  juzgado,  or  the  plaza, 
and  the  houses  were  scattered  north  and  south  on 
irregular  lines,  with  roadway  between.  This  roadway 
is  now  Market  Street.  After  the  defeat  of  Sanchez 
at  the  battle  of  Santa  Clara,  and  the  certainty  that 
the  arms  of  the  United  States  would  be  victorious  in 
Mexico,  the  foreigners  became  impressed  with  the 
conviction  that  Alta  California  would  be  ceded  to  the 
victors  and  a  permanent  government  established. 
Viewed  in  this  light,  the  solares  and  the  suertes  of  the 
pueblo  became  of  more  importance,  and  an  attempt 
was  made  to  settle  the  question  of  their  ownership. 
There  was  a  well-authenticated  record  of  the  distri- 
bution of  lots  by  Lieutenant  Moraga,  at  the  first 
location  of  the  pueblo  north  of  town ;  but  if  any 
distribution  had  been  made  when  the  pueblo  was 
relocated,  there  was  no  record  showing  it. 

Early  in  1847  the  ayuntamiento and  Alcalde  directed 
Mr.  William  Campbell  to  survey  out  a  plat  of  land  a 
mile  square,  to  be  laid  out  in  building  lots.  This, 
assisted  by  his  brother  Thomas,  he  did,  the  tract  so 
surveyed  lying  between  the  following  boundaries : 
On  the  north  by  Julian  Street,  on  the  cast  by  Eighth 
Street,  south  by  Reed  Street,  and  west  by  Market. 
This  tract  was  intended  to  exclude  all  questions  of 
title  arising  from  suerte  claims.  Mr.  John  Burton, 
who  was  then  Alcalde,  and  had  resided  here  twenty 
years,  stated  that  the  result  of  his  investigation  was 
that  no  suerte  claims  extended  farther  south  than 
Julian,  except  the  Gongora  claim,  or  further  east  than 
Market  Street.  This  is  the  original  plat  of  San  Jose, 
and  from  this  survey  may  be  dated  the  existence  of 
the  city.  The  streets  were  located  through  this  tract, 
making  nine  blocks  from  Julian  to  Reed,  and  eight 
blocks  from  Market  to  Eighth.  The  exact  course  of 
the  streets  running  north  and  south  was  N.  45°  west, 
magnetic  variation  15°  22"  east.  The  length  of  these 
streets  was  five  thousand  six  hundred  and  seven  feet. 
The  cross  streets  were  laid  out  at  right  angles  to 

The  survey  having  been  completed  and  a  map  filed, 

the  Alcalde  gave  notice  to  all  persons  claiming  land 

within  the  limits  of  this  surve}',  to  present  them  to 

him  for  investigation,  and,  if  found   valid,  he  would 


issue  them  a  new  title.  Burton,  who  was  no  lawyer, 
seemed  to  possess  a  remarkably  level  head.  Notwith- 
standing persistent  litigation  on  the  part  of  contesting 
claimants,  all  the  Alcalde  grants  under  the  Campbell 
survey  have  been  held  by  the  Supreme  Court  to  be 
valid.  In  Campbell's  survey  four  blocks  were  re- 
served for  a  public  square.  This  was  named  Wash- 
ington Square,  and  is  the  present  location  of  the  State 
Normal  School. 

The  town  having  thus  been  located,  its  limits  and 
the  boundaries  of  its  blocks  and  lots  defined,  the  set- 
tlers from  the  States  resolved  to  secure  a  partition  of 
the  outside  lands  belonging  to  the  pueblo.  A  meeting 
was  called,  the  proposition  to  make  the  survey  into 
lots  of  five  hundred  acres  each  was  adopted,  and  J. 
D.  Hutton  appointed  to  make  the  survey.  This  was 
done  in  July  of  the  same  year.  The  lots  were 
numbered  consecutively,  and  corresponding  numbers 
placed  in  a  hat,  of  which  each  head  of  a  family  was 
permitted  to  draw  one,  entitling  him  to  choose  a  lot, 
his  choice  being  in  the  order  of  the  numbers  drawn, 
z.  e.,  the  person  drawing  number  one  was  entitled  to 
first  choice,  and  so  on.  After  the  drawing  the  Alcalde 
gave  to  each  party  a  certificate  of  title.  These  Al- 
calde titles  to  the  five-hundred-acre  lots  were  after- 
ward declared  invalid  by  the  Supreme  Court. 

In  May,  1848,  another  survey  of  the  town  plot  was 
made,  this  time  by  C.  S.  Lyman.  He  was  a  practical 
surveyor  and  possessed  all  the  necessary  implements 
for  practical  work.  By  this  survey  the  limits  were 
extended  eastwardly  to  Eleventh  Street.  He  en- 
larged Washington  Square  to  its  present  dimensions, 
eleven  hundred  and  sixty  feet  by  one  thousand  and 
five  feet.  He  laid  out  St.  James  Square,  which 
is  six  hundred  and  ten  by  five  hundred  and  fifty  feet. 
Market  Square,  the  site  of  the  new  City  Hall,  he 
fixed  at  eleven  hundred  and  sixty  by  two  hundred 
and  fifty-nine  feet.  Market,  Santa  Clara,  and  Fifth 
Streets  were  made  one  hundred  feet  wide;  all  the 
streets  running  north  and  south,  except  Fifth,  were 
made  eighty  feet  wide.  The  system  adopted  in  this 
survey  is  the  one  now  in  use.  San  Fernando  Street 
is  the  base  line  and  the  ranges  are  counted  easterly 
from  Market  Street.  Other  surveys  have  been  made 
as  additional  territory  was  taken  into  the  city  limits, 
but  as  these  are  of  comparatively  recent  date  and  are 
fully  shown  by  maps  and  plots  in  the  city  archives,  a 
description  is  unnecessary  in  these  pages. 

The  tract  of  land  lying  west  of  Market  Street  and 
along  the  Guadaloupe  River,  was  used  for  cultivation, 
and  was  not  surveyed  into  town  lots  for  several  years 



after  California  was  admitted  into  the  Union.  It  was 
held  as  suertes,  and  was  watered  by  an  acequia,  or 
ditch,  leading  from  the  Arroyo  Tulares,  or  Canoas 
Creek,  south  of  town.  This  ditch,  which  has  been 
previously  described,  furnished  water  to  the  people 
for  some  time  after  California  became  a  State;  but 
gradually  the  foreigners  acquired  this  land  from  the 
Mexican  grantees  and  streets  were  opened  from  time 
to  time,  as  the  population  increased.  This  fact  will 
explain  the  difference  in  the  system  of  numbering 
and  naming  as  well  as  of  the  peculiarities  of  location 
and  construction  of  the  streets  in  this  locality. 


The  Mexican  laws  provided  for  a  judicial  system 
composed  of  what  were  called  Courts  of  the  First, 
Second,  and  Third  Instance.  The  first  was  an  inferior 
tribunal,  and  it  was  provided  that  there  should  be  one 
at  each  chief  town  in  the  district.  The  second  heard 
appeals  from  the  first,  and  had  also  original  jurisdiction 
in  certain  cases.  The  third  was  exclusively  an  ap- 
pellate court.  Courts  of  Second  and  Third  Instance, 
which  were  to  sit  only  at  the  capital  of  the  depart- 
ment, were  never  organized  in  the  territory  of  Cali- 
fornia, and  Courts  of  First  Instance  had  no  existence 
until  after  the  American  occupation,  the  first  judges 
being  appointed  in  1849  by  the  American  authorities. 
Prior  to  that  time  justice  was  administered  in  San  Jose 
by  Alcaldes.  The  first  American  Alcalde  was  James 
Stokes,  who  was  appointed  by  Captain  Fallon  when 
he  deposed  Dolores  Pacheco,  as  is  elsewhere  related  in 
these  pages.  He  was  succeeded  by  John  Burton,  who 
came  to  the  pueblo  about  1830.  All  kinds  of  disputes 
were  brought  before  him  for  settlement.  The  written 
law  was  meager,  but  that  made  no  difference.  Anyone 
who  had  a  grievance  took  it  to  the  Alcalde,  who,  after 
investigation,  applied  the  general  principles  of  justice, 
irrespective  of  law. 

In  December,  1846,  Burton  concluded  that  he  would 
divide  his  labors  and  responsibilities,  and,  accordingly, 
appointed  a  committee  of  twelve  to  assist  him  in  his 
work.  The  persons  selected  were:  Antonio  Sunol, 
Dolores  Pacheco,  Jose  Fernandez,  Jose  Noriega,  Felix 
Buelna,  Salvador  Castro,  William  Fisher,  Isaac  Bran- 
ham,  Grove  C.  Cook,  Mr.  White,  Captain  Hanks,  and 
Guillermo  Weekes.  These  gentlemen  administered 
justice  for  some  time,  and  their  decisions  were  as  im- 
plicitly obeyed  as  though  they  were  a  legally  consti- 
tuted tribunal.  The  Court  of  the  First  Instance  was 
organized  in  1849,  and  held  its  last  session  March  30, 
1850,  when  the  County  and  District  Courts  were  or- 

ganized. The  practice  in  the  Court  of  the  First  In- 
stance, and,  in  fact,  for  some  time  afterward,  was  what 
might  be  called  conglomerate. 

There  was  no  code  of  laws  and  no  fixed  penalties. 
The  lawyers  were  from  different  States,  as  were  the 
few  law  books  that  were  in  existence.  On  the  trial  of 
a  case,  one  lawyer  would  insist  on  its  being  considered 
in  the  light  of  the  statutes  of  Pennsylvania,  while  his 
opponent  would  quote  the  New  York  code  as  the  rule 
which  should  govern.  There  were  as  many  different 
penalties  for  crime  as  there  were  States  represented 
in  the  law  library  of  the  pueblo.  All  this  would  have 
had  a  tendency  to  confuse  the  court  if  he  had  not 
had  the  good  sense  to  reject  all  authorities  and  prec- 
edents and  use  his  own  self-made  law.  Primitive  as 
the  practice  of  the  law  was  at  that  time,  the  adminis- 
tration of  justice  seems  to  have  been  generally  satis- 
factory This  cheerful  acquiescence  in  the  decisions 
of  Alcaldes  and  judges  of  First  Instance  might  be  due 
to  the  fact  that  there  was  no  appeal. 

The  first  judge  of  the  County  Court  was  John  W. 
Redmon,  a  man  whose  vagaries  will  be  remembered 
as  long  as  the  "  oldest  inhabitant "  survives.  He  came 
from  Missouri,  had  been  a  physician,  and  claimed  to 
have  been  present  at  the  battle  of  New  Orleans,  where 
he  lost  his  foot.  He  was  of  a  crabbed  disposition, 
rough  in  his  language,  and  not  inclined  to  soften  his 
remarks  when  expressing  his  opinions  of  members  of 
the  Bar.  He  was  once  asked  by  the  Bar  to  resign,  but 
refused  in  language  more  expressive  than  elegant. 
He  held  the  office  until  1853,  when  he  resigned,  and 
E.  C.  Allen  was  appointed  for  the  unexpired  term. 
R.  B.  Buckner  was  chosen  at  the  ensuing  election, 
and  sat  on  the  bench  for  four  years.  The  administra- 
tions of  Judges  Allen  and  Buckner  were  in  great  con- 
trast to  that  of  Judge  Redmon,  and  the  attorneys  ex- 
perienced great  relief  when  they  realized  that  they 
could  address  the  court  without  being  greeted  from 
the  bench  with  some  sarcastic  remark  bordering  on 
insult.  After  Judge  Buckner  the  judges  of  the  County 
Court  were  as  follows  :  John  H.  Moore,  from  1857  to 
1861  ;  Isaac  N.  Senter,  from  1861  to  1867  ;  Lawrence 
Archer,  from  1867  to  July,  1871,  when  he  resigned  to 
accept  the  Democratic  nomination  for  Congress;  R.  I. 
Barnett,  appointed  for  the  unexpired  term  of  Judge 
Archer;  D.  S.  Payne,  from  1871  to  1879.  He  was  the 
last  County  Judge,  the  judiciary  system  having  been  re- 
modeled by  the  new  Constitution  of  the  State.  The 
Court  of  Sessions  was  an  adjunct  to  the  County  Court, 
having  jurisdiction  in  criminal  cases,  except  murder, 
manslaughter,  and  arson.     It  was  presided  over  by  the 



County  Judge,  who  called  to  his  assistance  two  jus- 
tices of  the  peace,  who  were  selected  by  lot  from 
among  those  elected  for  the  different  townships.  This 
Court  also  had  jurisdiction  of  county  affairs,  perform- 
ing the  duties  now  devolving  upon  the  Board  of  Su- 
pervisors. The  Court  of  Sessions  passed  out  of  ex- 
istence in  1855.  In  the  organization  of  the  District 
Court  the  Third  Judicial  District  was  composed  of  the 
counties  of  Contra  Costa,  Alameda,  Santa  Clara, 
Santa  Cruz,  and  Monterey,  including  the  present 
county  of  San  Benito.  John  H.  Watson,  for  whom 
the  town  of  Watsonville  was  afterwards  named,  was 
the  first  judge.  The  first  term  of  the  District  Court  was 
opened  on  the  twenty-second  day  of  April,  1850.  The 
first  case  tried  was  an  action  for  foreclosure  of  mortgage 
given  to  secure  the  payment  of  a  promissory  note  for 
$5,000,  with  interest  at  eight  per  cent  per  month! 
The  first  indictment  found  in  the  county  was  against 
Juan  Higuera  a/ias  Toreto,  and  charged  the  defend- 
ant with  grand  larceny  in  taking  a  horse  belonging  to 
Joseph  W.  McClelland.  This  indictment  was  after- 
wards quashed  on  motion  of  the  district  attorney. 

The  first  grand  jury  was  composed  of  the  follow- 
ing-named persons  :  Chas.  White,  foreman,  James  F. 
Reed,  William  Campbell,  David  Dickey,  William 
Higgins,  Geo.  W.  Bellamy,  Jeptha  Osborn,  J.  W. 
McClelland,  Arthur  Shearer,  C.  Campbell,  Lewis 
Cory,  W.  G.  Banden,  James  Murphy,  R.  M.  May, 
Jas.  Appleton,  Carolan  Matthews,  F.  Lightston,  W. 
Hoover,  C.  Clayton,  J.  D.  Curd. 

The  following  is  a  list  of  the  names,  as  far  as  they 
can  be  ascertained,  of  the  members  of  the  early  Bar 
of  Santa  Clara  County;  among  them  are  many  who 
have  achieved  State  and  national  reputation:  A.  C. 
Campbell,  E.  D.  Baker,  Rufus  A.  Lockwood,  Edmund 
Randolph,  Geo.  B.  Tingley,  James  M.  Jones,  A.  J. 
Yates,  C.  T.  Ryland,  Simeon  K.  Gibson,  John  H. 
Moore,  R.  B.  Buckner,  Wm.  T.  Wallace,  Lawrence 
Archer,  F.  H.  Sandford,  R.  P.  Clement,  Wm.  M.  Staf- 
ford, W.  T.  Gough,  P.  O.  Minor,  Julian  Smart,  Craven 
P.  Hester,  J,  M.  Williams,  F.  S.  McKinney,  J.  Alex. 
Yoell,  E.  O.  Crosby,  H.  M.  Van  Voorhies,  O.  H. 
Allen,  Frederic  Hall,  Wm.  B.  Almond,  A.  Redmon, 
A.  L.  Rhodes,  Wm.  H.  Ramsey,  Wm.  Matthews,  D. 
P.  Belknap,  Thomas  White,  H.  P.  Hastings,  F.  B. 
Murdock,  James  White,  Jos.  R.  Gitchell,  Azariah 
Martin,  Chas.  M.  Fox,  R  A.  Jones,  Frs.  E.  Spencer, 
S.  O.  Houghton,  J.  A.  Moultrie,  C.  B.  Yamgh,  Alfred 

The  first  court-house  was  the  old  juzgado,  front- 
ing the  plaza,  which  at  that  time  extended  north,  to  or 

beyond  First  Street.  It  was  not  well  adapted  to  the 
purpose,  and  in  1850  the  court  was  removed  to  a  two- 
story  adobe  building  on  the  west  side  of  First  Street, 
about  opposite  Fountain  Alley.  It  occupied  this 
building  until  the  latter  part  of  185 1,  when  it  was  for 
a  short  time  held  in  the  Bella  Union  Building,  on 
Santa  Clara  Street.  From  there  it  went  to  the  State 
House  Building,  near  the  corner  of  Market  and  San 
Antonio  Streets,  where  it  remained  until  that  building 
was  burned  down.  It  then  went  into  temporary  quar- 
ters at  the  City  Hall,  then  located  on  Lightston  Street, 
between  El  Dorado  and  Santa  Clara;  in  the  mean- 
time the  county  purchased  a  lot  at  the  southeast  corner 
of  Second  and  Santa  Clara  Streets,  and  the  buildings 
were  fitted  up  to  accommodate  the  county  offices  and 
courts.  Here  the  department  of  justice  rested  until 
1868,  when  it  went  into  temporary  quarters  in  the 
Murphy  Block,  at  the  southeast  corner  of  Market  and 
Santa  Clara  Streets.  Its  stay  here  was  only  for  a 
few  weeks,  for  in  the  same  year  the  present  court- 
house was  completed  and  ready  for  occupancy. 

The  District  Bench  was  occupied  by  Judge  Watson 
until  1 85 1,  when  he  was  succeeded  by  Craven  P. 
Hester,  who  presided  until  1859.  He  was  succeeded 
by  Sam  Bell  McKee.  The  Legislature  of  1871-72 
created  a  new  judicial  district,  which  was  called  the 
Twentieth,  and  composed  of  the  counties  of  Santa 
Clara,  Santa  Cruz,  and  Monterey.  Hon.  David  Belden 
was  appointed  judge  of  the  new  district,  to  fill  the 
bench  until  the  ensuing  election.  He  was  then 
elected  and  presided  over  the  court  until  the  reorgani- 
zation of  the  judicial  system  and  establishment  of  our 
present  Superior  Courts  in  1880.  Under  the  new  sys- 
tem, Santa  Clara  County  was  allowed  two  judges,  and 
at  the  election  held  in  1879  David  Belden  and 
Francis  E.  Spencer  were  chosen.  The  great  learning 
and  sound  reasoning  of  these  jurists  gave  the  bench 
of  Santa  Clara  County  a  reputation  second  to  none 
in  the  Union.  Many  times  have  these  learned  judges 
been  called  upon  to  preside  at  trials  of  important 
cases  elsewhere,  and  hardly  ever  is  the  calendar  called 
that  it  does  not  disclose  some  suit  of  magnitude  sent 
to  them  for  adjudication  from  other  counties.  On 
the  opening  of  the  Superior  Court  in  1880  a  division 
of  the  business  was  made  and  the  rule  then  adopted 
has  been  adhered  to  ever  since.  The  court  was  di- 
vided into  two  departments.  Judge  Belden  taking 
Department  i,  and  Judge  Spencer  Department  2. 
All  criminal  business  was  assigned  to  Department  i, 
and  all  probate  and  insolvency  business  to  Department 
2.     The  other  cases  were    distributed   alternately  in 



the  order  of  their  numbers  on  the  register,  Department 

1  taking    the  odd-numbered  cases  and    Department 

2  the  even  numbers.  Judge  Belden  died  May  14, 
1888,  and  the  vacancy  was  filled  by  the  appoint- 
ment of  John  Reynolds,  a  lawyer  of  many  years' 
practice  both  at  this  Bar  and  in  San  Francisco.  It  is 
fitting  that  a  sketch  of  the  life  and  services  of  these 
eminent  jurists  should  be  presented  in  this  work. 

David  Belden  was  born  at  Newtown,  Fairfield 
County,  Connecticut,  August  14,  1832.  He  came  of 
old  Puritan  stock  and  inherited  their  fairness  of  char- 
acter and  untiring  energy,  with  none  of  their  intoler- 
ance. Mr.  Belden's  father  was  a  lawyer  of  consider- 
able prominence  in  New  England.  The  subject  of 
this  sketch  attended  the  public  schools  of  his  native 
State,  and  laid  the  foundation  of  his  education.  He 
learned  all  there  was  to  learn  in  these  institutions, 
which,  though  noted  for  their  efficiency,  could  scarcely 
lead  him  to  the  door  of  the  higher  education  he  was  to 
achieve  by  his  own  unaided  efforts,  the  completeness 
of  which  excited  the  admiration  of  all  who  had  the 
good  fortune  of  his  acquaintance.  On  reaching  his 
majority  in  1853,  he  came  to  California,  stopping  at 
Marysville  for  two  years,  where  he  read  law.  He 
went  to  Nevada  City  in  1855,  and  commenced  the 
practice  of  his  profession.  During  his  residence  at 
Nevada  City,  he  also  directed  his  attention  toward 
mining,  but  this  was  more  for  the  purpose  of  practi- 
cally studying  the  geologic  character  of  the  country 
than  for  acquisition  of  the  precious  metals.  For  the 
same  reason  he  visited  Virginia  City,  Nevada,  and 
made  critical  examination  of  the  different  silver- 
bearing  lodes  of  Mt.  Davidson.  Everything  he  did 
seemed  to  be  with  the  object  of  acquiring  useful  in- 
formation, which,  when  once  stored  in  his  retentive 
memory,  was  never  lost.  The  knowledge  thus  gained 
he  bestowed  with  a  lavish  hand  on  those  around  him. 
Many  a  miner  whose  heart  had  become  sick  with  hope 
deferred,  has  received  hints  from  Judge  Belden  which 
have  enabled  him  to  realize  his  golden  anticipations; 
and  many  a  mechanic  has  received  through  him  the 
light  by  which  he  has  been  able  to  do  perfect  work. 
No  knowledge  was  so  humble  that  he  would  not 
stoop  to  pick  it  up,  and  none  so  lofty  that  he  would 
not  climb  to  reach  it.  There  seemed  no  limit  to  the 
capacity  of  his  mind  for  the  acquisition  of  wisdom. 
His  powers  of  both  analysis  and  synthesis  were  won- 
derful, and  however  refractory  might  be  the  ore  that 
went  into  the  laboratory  of  his  brain,  it  came  out 
pure  and    shining  metal.     In    1859    he    was    elected 

county  judge,  and  occupied  the  bench  four  years.- 
In  1865  he  was  selected  by  the  people  to  represent 
Nevada  County  in  the  State  Senate.  Here  his 
broad  statesmanship  and  matchless  eloquence  won 
new  laurels  and  gave  him  a  State-wide  reputation. 
At  the  expiration  of  his  term  as  senator,  he,  together 
with  his  wife,  visited  the  Old  World  and  traveled  for 
some  months  through  Europe.  In  this  tour  he  took 
occasion  to  investigate,  on  the  spot,  many  things  of 
which  he  had  only  read,  and  returned  with  much  in- 
formation added  to  his  already  large  store  of  knowl- 
edge. Art,  science,  horticulture,  mechanism,  road- 
making,  political  economy,  literature,  architecture, 
domestic  economy, — he  absorbed  everything.  Re- 
turning from  Europe  he  removed  to  San  Jose,  in 
1869,  and  resumed  the  practice  of  the  law.  In  1871, 
the  Twentieth  Judicial  District  was  created,  and  he 
was  appointed  its  judge.  In  1873  he  was  elected  to 
the  same  position  by  a  practically  unanimous  vote. 
The  district  then  was  composed  of  the  counties  of 
Santa  Clara,  Santa  Cruz,  San  Benito,  and  Monterey. 
He  held  this  position  until  the  judiciary  system  of  the 
State  was  reorganized,  when  he  was  elected  judge  of 
the  Superior  Court.  He  was  re-elected  in  1884,  and 
continued  on  the  bench  until  his  death,  which  occurred 
May  14,  1888.  While  his  wonderful  learning  excited 
admiration,  and  his  strict  integrity  induced  respect,  no 
less  did  his  warm  and  sympathetic  nature  command  the 
affection  of  all  with  whom  he  came  in  contact.  He 
was  simple  in  his  habits  and  unostentatious  in  his 
appearance.  Anyone  could  approach  him  and  draw 
at  will  on  his  great  stores  of  knowledge,  while  neither 
his  heart  nor  his  purse  were  closed  to  the  tale  of  dis- 
tress. He  was  eminently  a  progressive  man  and 
ready  to  lend  his  valuable  assistance  to  every  enter- 
prise for  the  benefit  of  the  community.  Many  of  our 
proudest  monuments  owe  their  existence  to  the  timely 
and  intelligent  efforts  of  Judge  Belden.  The  amount 
of  work  he  performed  was  enormous,  and  it  was  this 
interminable  labor  without  rest  that  finally  accom- 
plished his  death.  He  possessed  a  robust  frame,  but 
it  was  worn  out  by  his  still  more  vigorous  mind.  It 
would  be  impossible  to  enumerate  the  many  great 
works  which  his  assistance  has  rendered  possible. 
His  handwriting  is  visible  on  every  page  of  the  his- 
tory of  the  county  since  his  name  was  enrolled  as  one 
of  its  citizens.  At  his  death  the  whole  State  mourned, 
and  at  his  obsequies  all  were  present  to  pay  tribute  to 
his  memory.  Business  was  suspended,  the  temple  of 
justice  in  which  he  had  so  long  presided  was  draped 
in  mourning,  and  the  people  from  all  the  walks  of  life 



came  forth  with  grieving  hearts  to  place  their  floral 
offerings  on  the  tomb  of  their  counselor  and  friend. 
The  remains  were  borne  to  their  last  resting-place  by 
his  brothers  in  the  profession,  and  the  eulogy  pro- 
nounced by  the  Supreme  Court  of  the  State  through 
its  chief  justice,  Searles.  The  whole  people  composed 
the  cortege  and  none  were  left  who  did  not  show 
visible  signs  of  the  sorrow  which  filled  their  hearts. 
Judge  Belden  was  married,  April  21,  1861,  to  Miss 
Elizabeth  C.  Farrell,  of  New  Jersey,  a  lady  eminently 
fitted  to  be  the  wife  of  such  a  man.  Highly  educated 
and  accomplished,  but  with  strong  domestic  instincts, 
she  made  for  him  a  most  congenial  home.  Possessed 
of  strong  intelligence,  she  was  able  to  render  him  val- 
uable assistance  in  most  of  his  work.  She  was  his 
support  and  consolation  during  his  wedded  life  and  his 
true  mourner  after  his  death.  She  remains  on  the 
homestead,  and  preserves  it  in  the  same  condition  in 
which  it  was  left  by  her  husband. 

Following  are  the  resolutions  adopted  by  the  Bar 
in  respect  to  the  memory  of  Judge  Belden: — 

Whereas,  It  has  pleased  the  ever  wise  and  merciful  Author  of 
justice  to  remove  from  our  midst  and  from  the  scene  of  his  earthly 
labors  the  Honorable  David  Belden,  Judge  of  the  Superior  Court  of 
the  County  of  Santa  Clara  and  State  of  California;  and, 

Whereas,  In  his  death,  the  judicial  system  of  .Santa  Clara  County 
has  suffered  its  most  sad  and  serious  loss  since  its  organization;  and. 

Whereas,  The  whole  community  of  which  Judge  Belden  was  for 
many  years  a  useful  and  beloved  member,  unites  with  the  Bar  in  sincere 
grief  about  his  bier;  and, 

Whereas,  It  is  fitting  that  to  the  public  record  of  his  eminent  serv- 
ices as  a  judicial  officer  there  should  be  appended  the  seal  of  a  merited 
recognition  by  the  court  over  which  he  presided  with  dignity,  learning, 
and  honor;  be  it  therefore 

Resolved,  That,  in  the  untimely  death  of  the  Hon.  David  Belden, 
the  Bench  and  Bar  of  Santa  Clara  County  have  lost  a  most  able,  reli- 
able, just  and  respected  member;  the  State  of  California  a  most  use- 
ful, illustrious,  and  conscientious  jurist;  the  community  a  rare  exam- 
ple of  true  greatness  and  virtue;  that,  as  a  judge  of  the  Twentieth 
Judicial  District  of  the  State  of  California  from  1S71  until  1880,  and  of 
the  Superior  Court  of  Santa  Clara  County  from  iSSo  to  the  date  of  his 
death,  he  ever  wore  the  stainless  ermine  of  judicial  integrity,  displaying 
in  his  opinions  and  rulings  a  quick  perception  of  the  principlesof  justice, 
and  a  deep  and  discriminating  study  of  the  precedents  and  precepts  of 
law  applicable  to  every  case,  bearing  himself  always  with  a  lofty  impar- 
tiality toward  the  parlies  and  the  interests  involved.  In  his  administra- 
tion of  the  penal  statutes  to  offenders  brought  before  his  court  he  was  ever 
moved  with  earnest  and  untiring  desire  to  temper  the  severity  of  the 
sentence  with  that  degree  of  mercy  required  by  each  individual  case, 
to  foster  and  encourage  every  impulse  toward  virtue  concealed  in  the 
criminal's  heart.  In  his  bearing  toward  the  Bar,  he  was  distinguisheil 
for  the  graceful  and  uniform  courtesy  accorded  every  member,  and 
especially  noted  for  the  kindly  encouragement  which  constantly  flowed 
to  the  young  men  of  the  profession,  qualities  which  won  for  him  the 
esteem  and  veneration  of  the  former  and  the  confidence  and  love  of  the 
latter, — an  esteem,  veneration,  confidence,  and  love  which  cease  not  at 
his  grave,  but  which  will  continue  to  make  fragrant  his  memory 
through  the  years  to  come.     That  as  a  citizen,  sprung  from  the  ranks  of 

the  masses,  and,  rising  through  a  life-time  of  labor,  by  native  force  of 
character,  to  an  eminence  of  distinguished  usefulness,  his  career  compels  . 
the  admiration  of  all  classes  of  society,  and  should  especially  excite  the 
young  men  of  our  coast  to  an  imitation  of  the  virtues  of  his  public  and 
private  life.  In  the  shaping  of  public  affairs  his  advice  was  always 
easy  of  access,  and  ever  found  well-considered  and  wise.  No  member 
of  society  was  more  sensitive  to  the  pulsations  of  public  opinion,  or 
more  apt  in  appreciation  of  public  needs.  Never  forward  in  the  im- 
pression of  his  personality  upon  the  current  of  affairs,  he  was  never 
backward  in  meeting  the  emergencies  of  any  occasion  with  a  fortitude 
born  of  his  convictions  of  right.  With  broad  intellectuality,  with 
brilliant  literary  ability,  with  incessant  zeal,  he  investigated  every  prob- 
lem of  life  and  scattered  his  conclusions  broadcast  with  a  tongue  of 
silver  and  a  pen  of  fire.  That  though  his  loss  to  the  community  is 
lamented  as  a  judge  of  transcendent  ability  and  a  citizen  of  distin- 
guished usefulness,  it  is  as  a  man  among  men  that  the  death  of 
David  Belden  is  most  keenly  felt  and  most  sincerely  deplored.  The 
friend,  the  brother,  the  counselor,  the  very  model  of  all  the  social 
virtues,  he  lived  out  with  consistent  purity  his  simple  and  noble  exist- 
ence, and  is  gone  in  answer  to  the  morning  call  of  immortality.  Be- 
side the  unstained  robes  of  his  public  service  may  be  laid  the  equally 
immaculate  garments  of  his  private  life.  To  the  widow  of  our  de- 
parted friend  and  brother,  who,  through  the  well-filled  years  of  a 
noble  life  has  been  the  partner  of  his  joys  and  griefs,  the  Bar  of  Santa 
Clara  County  extends  the  comfort  of  the  heart-felt  sympathy  of  its 
every  member;  in  token  whereof  be  it 

Resolved,  That  as  a  body  the  Bar  attend  the  funeral  and  sepulture 
of  her  beloved  companion.  That,  as  a  mark  of  respect  to  their  late 
occupant,  the  judicial  chair  and  bench  of  Department  No.  I,  of  the 
Superior  Court  of  this  county,  be  draped  in  mourning  for  the  space  of 
twenty  days.  That  these  resolutions  be  offered  before  the  Superior 
Court  of  Santa  Clara  County,  at  the  next  sitting  thereof,  with  the  re- 
quest that  they  be  spread  upon  the  minutes  of  said  court;  that  a  certi- 
fied copy  of  the  same,  and  the  further  action  of  the  Court,  be,  by  the 
clerk  thereof,  transmitted  to  the  widow  and  family  of  the  deceased;  and 
that  one  publication  of  these  resolutions  be  made  upon  the  pages  of  the 
public  press. 

,  In  making  the  order  to  spread  these  resolutions  on 
the  minutes,  and  to  transmit  a  copy  to  the  widow. 
Judge  Spencer  said: — 

"Mv  Brothers  OF  the  Bar  ofSan  Jose:  In  the 
removal  by  death  of  my  honored  associate,  we,  in  com- 
mon with  his  relatives  and  community  at  large,  have 
indeed  suffered  a  great  and  irreparable  loss.  I  can 
but  ill  bring  myself  to  the  stern  realization  of  the  fact 
that  the  relentless  destroyer  has  taken  from  my  side 
one  who  for  these  eight  years  has  been  my  co-laborer 
in  the  delicate  and  arduous  duties  incident  to  the 
office  of  judge  of  the  Superior  Court;  one  with  whom 
I  have  oft  held  instructive  and  pleasant  consultations, 
and  with  whom  I  have  maintained  most  intimate  and 
cordial  personal  relations.  I  knew  him  well,  and  thus 
knowing  I  can  truly  say  that  his  virtues  were  many 
and  noble;  his  fauks  few  and  insignificant.  Indefati- 
gable and  conscientious  in  the  attention  to,  and  the 
performance  of,  his  judicial  duties,  he  was  stricken 
while  in  the  midst  of  his  labors.  With  Spartan  cour- 
age and  steadfast  devotion  to  duty,  inherited  from  his 


Puritan  ancestors,  for  nearly  three  years  did  he  battle 
with  death  and  stand  by  his  post  with  unswerving 
fortitude,  attending  to  every  duty  of  his  office.  To 
the  oft-repeated  solicitation  of  friends  to  give  himself 
relaxation  and  rest,  he  has  often  responded  from  the 
fullness  of  his  convictions  of  duty,  'I  would  rather 
wear  out  than  rust  out.'  And  most  truly  did  he  wear 
out  in  the  performance  of  his  judicial  duties,  for  not 
until  the  overtaxed  body  and  weakened  vital  organs 
had  broken  out  in  open  rebellion  did  he  yield  to  the 
inevitable,  and  was  carried  out  of  the  temple  of  justice, 
which  he  had  adorned  as  district  and  superior  judge 
for  sixteen  years,  to  linger  by  the  dark  river  until  the 
ferryman  should  come  to  transport  him  to  a  haven  of 
well-earned  rest. 

"Judge  Belden  was  at  the  time  of  his  death  fifty-five 
years  and  nine  months  of  age,  and  had  served  with 
distinction  and  honor  in  the  several  judicial  positions 
of  county  judge  of  Nevada  County,  district  judge 
of  the  Twentieth  Judicial  District,  and  superior  judge 
of  this  county  for  the  collective  period  of  twenty  years. 

"Not  only  was  he  an  able  expounder  of  the  law,  but 
the  citizens  of  his  former  mountain  home  had  delighted 
in  sending  him  to  the  halls  of  legislation,  where,  as  a 
senator,  he  distinguished  himself  as  an  able  law-maker 
and  a  leader  among  his  fellows. 

"  He  was  a  truly  remarkable  man.  Many  have  gone 
before  him  whose  legal  attainments  have  been  equal 
to  his.  Others  may  have  equally  possessed  the  treas- 
ure of  masterly  eloquence.  But  it  has  never  been  my 
fortune  to  find  combined  in  any  other  person  so  many 
rare  and  glowing  qualities  of  heart,  brain,  and  personal 

"  As  an  orator  it  has  been  truly  said  of  him  that 
'he  spoke  with  a  tongue  of  silver;'  his  command  of 
language  was  wonderful,  his  selections  beautiful  and 
most  happy.  He  was  wont  at  times  with  his  bursts  of 
eloquence  to  hold  his  listeners  delighted  and  entranced. 
Although  his  delivery  was  rapid,  he  never  hesitated 
for  an  apt  word  or  sentence.  '  His  words  came  skip- 
ping rank  and  file  almost  before  he  would.' 

"As  a  jurist  he  had  few  superiors.  Well  grounded 
in  the  elements  of  law,  and  conversant  with  the  mass 
of  judicial  precedents,  he  added  that  ready  perception 
of  principles  applicable  to  any  given  set  of  facts,  and 
that  peculiarly  incisive  power  of  reasoning  that  make 
the  true  lawyer. 

"But  his  attainments  by  no  means  stopped  with 
those  of  his  chosen  profession.  His  researches  in  the 
general  domain  of  knowledge  included  almost  every 
branch  of  science,  art,  history,  and  political  economy. 

"Although  not  a  specialist  in  any  one  department, 
he  was  at  home  as  well  when  gazing  at  the  gems  of 
night,  figuring  their  parallax  and  discussing  the  laws 
of  planetary  motion,  as  when  calculating  the  angle  of 
aperture  of  an  object  glass  or  studying  the  phenom- 
ena of  the  border  line  of  life  exhibited  in  the  amcebse. 

"But  as  a  judge  did  his  fitting  qualities  shine  forth 
with  undimmed  luster. 

"He  was  a  just  judge,  a  wise  interpeter  of  the  law 
and  evidence,  and  withal  simple  and  unassuming  in 
manner,  and  sympathetic  almost  to  a  fault. 

"He  has  passed  from  our  midst  forever.  The  chair 
that  he  was  wont  to  fill  with  so  much  dignity,  honor, 
and  credit  is  now  vacant.  His  robes  of  office  have 
been  replaced  by  the  winding  sheet.  We  have  laid 
him  away  in  his  final  resting-place,  and  have  taken  to 
our  hearts  the  solemn  and  instructive  monition  that 
the  sad  lesson  affords. 

"A  loving  wife  is  mourning  the  loss  of  a  loyal  and 
affectionate  husband.  The  Bar  of  this  county,  and 
the  profession  at  large,  lament  the  loss  of  a  cherished 
brother,  and  the  county  and  State  a  valued  citizen 
and  faithful  public  servant. 

"  But  the  memory  of  his  virtues  and  noble  qualities 
we  should  ever  keep  green  in  our  hearts,  and  it  is  em- 
inently fitting  that  the  resolutions  now  presented  by 
his  brothers  of  the  Bar  should  be  inscribed  upon  the 
pages  of  the  records  of  the  court  which  he  has  caused 
to  be  kept  so  many  years. 

"  Let  the  motion  be  granted,  and  an  engrossed  copy 
of  the  resolutions  be  presented  to  the  bereaved 

Hon.  Francis  E.  Spencer  was  born  at  Ticonder- 
oga,  Essex  County,  New  York,  September  25,  1834. 
During  his  infancy  his  parents  removed  to  Saratoga, 
and  thence,  in  1846,  to  Will  County,  Illinois.  Here  Mr. 
Spencer  attended  the  common  schools,  finally  gradu- 
ating at  the  academy  at  Joliet.  In  1852,  when  the 
subject  of  this  sketch  was  eighteen  years  of  age,  he 
removed  with  his  parents  to  California,  settling  at 
San  Jose.  Here  Mr.  Spencer  went  to  work  on  a 
farm,  raising  sheep  and  cattle,  and  general  agricult- 
ural work.  In  a  short  time,  however,  he  abandoned 
the  hills  and  grain-fields,  and  commenced  the  study 
of  medicine.  His  father  was  an  eminent  physician, 
and  this  fact  influenced  the  son  in  the  choice  of  a 
profession.  He  soon,  however,  became  dissatisfied 
with  his  choice.  His  mind  was  eminently  logical, 
and  would  be  content  with  nothing  but  exact  results. 
He  would    accept  no  proposition  that  could  not  be 



reduced  to  a  mathematical  certainty.  The  exquisite 
logic  of  the  law  suited  him  better,  and  he  became  a 
student  in  the  office  of  iVIessrs.  Archer  &  Voorhies, 
then  a  leading  law  firm  of  San  Jose.  He  was  a  quiet 
student,  and  attracted  no  particular  attention  until 
he  was  examined  for  admission  to  the  Bar  of  the 
Supreme  Court,  in  1858,  where  he  displayed  such 
thorough  knowledge  as  to  excite  comment.  In 
1863  he  was  appointed  city  attorney  for  the  city  of 
San  Jose,  and  served  as  such  for  seventeen  years. 
Soon  after  his  appointment  as  city  attorney  he  was 
made  a  member  of  the  Board  of  Commissioners  of 
the  Funded  Debt.  Here  he  made  a  record  that  es- 
tablished his  reputation  for  legal  learning,  and  as  a 
man  of  great  resources.  He  found  that  the  San  Jose 
Land  Company,  popularly  known  as  the  "  Forty 
Thieves,"  claiming  title  to  all  of  the  pueblo  lands  by 
virtue  of  a  clause  in  the  city  charter,  which  they  con- 
strued as  a  confirmation  of  their  claim,  had  secured  a 
decree  of  confirmation  by  the  United  States  District 
Court  to  the  pueblo  of  a  vast  tract  of  land,  as  is  more 
particularly  described  in  our  chapter  on  land  titles. 
From  this  decree  an  appeal,  prosecuted  by  certain 
ranch  owners,  was  pending  in  the  United  States 
Supreme  Court.  If  he  resisted  the  claim  of  the 
Land  Company,  or  contested  the  appeal  of  the  ranch 
owners,  his  intelligence  told  him  that,  instead  of  many 
thousand  acres  of  land,  the  pueblo  would  get  but  a 
very  small  tract.  He  resolved  to  aid  the  appeal  and 
fight  the  Land  Company  afterwards.  He  brought 
about  a  compromise  by  which  the  pueblo  secured  the 
whole  tract,  except  that  claimed  by  the  ranch  owners, 
and  then  in  a  subsequent  case  defeated  the  claim  of 
the  Land  Company.  Then  by  selling  a  portion  of 
the  remaining  land  at  the  government  price,  the 
commissioners  were  enabled  to  pay  off  the  entire 
debt  of  the  city. 

These  two  suits,  so  successfully  conducted  by  Mr. 
Spencer,  not  only  relieved  the  city  from  indebtedness 
of  every  character,  but  removed  the  last  cloud  from 
the  title  of  every  foot  of  land  within  the  limits  of  the 
pueblo.  As  city  attorney  he  watched  with  an  untir- 
ing vigilance  over  the  interests  of  the  city.  He  suc- 
cessfully prosecuted  the  case  of  the  city  against  the 
bondsmen  of  the  defaulting  treasurer,  Jasper  E.  Gunn, 
and  in  other  cases  secured  the  city  against  loss.  His 
sound  advice  to  the  city  officials  secured  the  effective 
and  prompt  administration  of  municipal  affairs. 
While  studying  law  he  had  made  hims.  If  familiar 
with  the  Spanish  language,  the  Spanish  customs,  and 
the  Spanish  and   Mexican  laws  affecting  land  grants 

and  titles,  and  on  this  subject  he  soon  became  an 
authority.  His  opinion  that  there  were  no  valid 
suerte  titles  east  of  Market  Street,  in  the  new  pueblo, 
has  been  confirmed  by  the  highest  courts  in  many 
cases.  In  the  famous  suerte  suits  of  Toro  versus 
Beach,  Beach  versus  Maldonado,  and  Luco  versus 
Hare,  this  opinion  was  fiercely  attacked  by  some  of 
the  best  lawyers  in  the  State,  and  fought  out  to  the 
last  ditch,  but  was  never  seriously  disturbed. 

As  attorney  for  defendants  in  the  case  of  Hart 
versus  Chaboya  et  a/.,  Mr.  Spencer  succeeded  in 
establishing  an  important  doctrine.  As  the  law  then 
stood,  upon  the  death  of  a  wife  her  heirs  inherited  one- 
half  of  the  common  property.  Upon  that  statute 
the  heirs  of  Jesse  B.  Hart  brought  suit  against  a  large 
number  of  purchasers  from  the  husband  involving  a 
large  tract  of  land  on  the  Yerba  Buena  Rancho,  in  the 
Evergreen  District.  He  was  successful  in  having  the 
Supreme  Court  hold  that,  although  the  descent  was 
cast  upon  her  heirs  for  a  moiety  of  the  common  prop- 
erty, yet,  as  the  husband  had  the  control  and  dispo- 
sition of  the  common  property  during  coverture,  he 
had  a  right  to  wind  up  the  estate  after  the  death  of 
the  wife,  and  that  conveyances  made  by  him  in  fur- 
therance of  that  object  were  valid.  This  decision 
saved  the  homes  to  a  large  number  of  farmers,  and 
established  a  rule  that  prevented  a  large  amount  of 
litigation  in  favor  of  speculators. 

In  these  important  cases,  coming  as  he  did  in  con- 
tact with  many  of  the  ablest  lawyers  of  the  nation, 
Mr.  Spencer  won  a  reputation  for  legal  ability  that 
commanded  profound  respect  from  the  Bar  every- 
where, and  his  calendar  contained  important  cases  in 
all  the  courts  of  the  State.  His  services  were  in 
especial  demand  in  actions  affecting  the  title  to  land, 
and  much  of  his  time  was  occupied  in  responding  to 
calls  from  other  counties.  In  fact,  the  permanent 
settlement  of  land  titles  in  California  is  due  to  the 
efforts  of  Judge  Spencer  as  much  as  to  any  other  one 

As  early  as  1861  he  was  elected  district  attorney, 
which  office  he  held  for  two  terms,  refusing  a  nomi- 
nation for  the  third.  During  his  incumbency  of  this 
office  he  did  much  valuable  work  for  the  county, 
among  which  was  the  recovery  of  large  sums  of 
money  on  forfeited  bonds.  In  1871  he  was  elected 
a  member  of  Assembly  and  was  made  chairman  of 
the  judiciary  committee  of  that  body.  It  was  during 
this  session  that  the  legislation  was  had  in  regard  to 
the  then  new  codes.  Mr.  Spencer's  legal  training 
and  clear  mind  enabled  the  committee  to  make  its 



reports  promptly  and  clearly  on  the  large  amount  of 
business  referred  to  it,  the  largest  and  most  compli- 
cated, perhaps,  that  has  ever  been  met  by  any  com- 
mittee of  the  Legislature  since  the  organization  of 
the  State.  How  well  this  work  was  performed  the 
statute  books  show  for  themselves.  During  this  ses- 
sion, also,  a  desperate  attempt  was  made  to  remove 
the  State  Normal  School  from  San  Jose.  He  had 
much  to  do  in  frustrating  these  efforts.  When  the 
judicial  system  of  the  State  was  reorganized  Mr. 
Spencer  was  elected  one  of  the  superior  judges  for 
Santa  Clara,  which  position  he  has  ever  since  held. 
One  very  noticeable  peculiarity  of  Mr.  Spencer's  work 
as  an  attorney  was  the  care  with  which  he  prepared 
his  cases  for  trial.  No  point  was  too  insignificant  to 
be  thoroughly  investigated,  and  the  law  and  authorities 
thoroughly  collated.  His  wide  practice  led  him  to  the 
study  of  many  specialties,  and  thus  no  opposing  expert 
testimony  found  him  unpi'epared.  His  critical  knowl- 
edge of  anatomy,  engineering,  geology,  metallurgy, 
and  mechanical  appliances,  with  all  the  new  theories 
developed  by  the  recent  progress  in  the  department 
of  microscopy  and  spectrum  analysis,  gave  him  high 
standing  in  scientific  circles.  All  this  knowledge  and 
these  habits  of  painstaking  labor  he  carried  with  him 
to  the  Bench.  As  his  services  as  an  attorney  were 
in  demand  throughout  the  State,  so  it  has  continued 
since  he  donned  the  ermine.  At  the  request  of  local 
judges  he  has  presided  at  the  trial  of  important  cases 
in  many  different  counties.  In  San  Bernardino  County 
he  tried  the  great  case  of  Stockman  et  a/.,  versus  Riv- 
erside Land  and  Irrigation  Company,  involving  the 
lands  and  the  canal  system  of  the  famous  Riverside 
Colony.  He  presided  at  the  trial  of  Huse  et  al.,  versus 
Den  et  al.,  in  which  vast  landed  interests  in  Santa 
Barbara  County  were  at  stake.  Also  in  important 
contested  election  cases  in  Sacramento.  Also  in  the 
great  mining  case  o/  White  versus  Merrill  et  al.,  in 
Department  i  of  the  Superior  Court  of  San  Fran- 
cisco. Besides  his  great  learning  and  sound  judg- 
ment, two  other  qualities  stand  out  prominently  in 
Judge  Spencer's  administration  of  justice,  i.  e.,  the 
firmness  and  dignity  with  which  the  affairs  of  his  tri- 
bunal were  conducted,  and  the  uniform  courtesy  which 
was  extended  from  the  Bench  to  the  Bar,  and  to  all 
others  who  appeared  in  his  court.  Outside  of  his 
profession,  also,  Judge  Spencer  has  ever  been  a  pro- 
gressive citizen,  liberally  subscribing  to  all  enterprises 
having  in  view  the  moral,  educational,  or  material 
advancement  of  the  community.  He  was  selected  as 
one  of  the    Board  of  Trustees    of  the  great   Leland 

Stanford,  Jr.,  University,  which,  being  an  institution 
devoted  to  practical  education,  cannot  but  recei\e 
great  benefit  from  Judge  Spencer's  learning  and 

Hon.  John  Reynolds,  one  of  the  superior  judges 
of  Santa  Clara  County,  has  been  a  member  of  the 
Bar  of  California  for  the  past  thirty-five  years,  and  a 
resident  of  San  Jose  since  1871.  He  was  born  in 
Bedford,  Westchester  County,  New  York,  on  Feb- 
ruary 20,  1825,  and  received  his  education  at  the 
Union  Academy,  of  that  town,  conducted  by  his 
brother,  Alexander  G.  Reynolds.  Hon.  W.  H.  Rob- 
ertson, afterwards  county  judge  of  that  county,  and, 
later,  member  of  Congress  and  collector  of  the  port 
of  New  York,  received  his  education  with  him  at  the 
same  school,  each  going  from  it  at  about  the  same 
time  to  study  his  chosen  profession.  He  studied  law 
at  Sing  Sing,  New  York,  in  the  ofifice  of  his  brother, 
S.  F.  Reynolds,  afterwards  judge  of  the  Fourth  Dis- 
trict Court  of  San  Francisco.  Admitted  to  the  Bar 
by  the  Supreme  Court  of  the  State  of  New  York,  he 
commenced  the  practice  of  law  in  his  brother's  ofifice, 
and  there  continued  for  one  year.  Coming  to  Cali- 
fornia in  the  fall  of  1853,  he  was  admitted  to  practice 
by  the  Supreme  Court  of  California  in  that  year, 
opening  an  office  in  San  Francisco,  where  he  con- 
tinued until  the  fall  of  1871.  He  then  removed  to 
San  Jose,  engaging  in  the  practice  in  Santa  Clara 
County,  where  he  has  since  continued.  He  was  a 
member  of  the  first  Republican  State  Convention,  in 
1856,  chairman  of  the  Republican  County  Committee 
in  San  Francisco  during  the  presidential  election  of 
1864,  in  which  campaign  he  devoted  his  time  ex- 
clusively, for  seven  weeks  preceding  the  second  elec- 
tion of  Mr.  Lincoln,  to  his  duties  as  chairman  of  the 
County  Committee;  has  always  been  interested  in 
political  matters,  although  never  an  active  politician. 
He  was  married  in  1S55  to  Miss  Emily  Marshall,  of 
Sing  Sing,  New  York. 

Judge  Reynolds  was  lately  elected  one  of  the  fif- 
teen freeholders  to  frame  a  new  charter  for  the  city 
of  San  Jose.  This  position  he  resigned  to -accept  the 
judgeship  of  the  Superior  Court,  to  which  he  has 
lately  been  appointed,  succeeding  in  that  position  the 
late  Hon.  David  Belden.  At  the  establishment  of 
the  Free  Public  Library,  he  was  appointed  one  of  its 
trustees,  and  continued  to  hold  that  ofifice  until  as- 
suming the  duties  of  superior  judge.  He  was  elected 
a  member  of  Assembly  in  1880,  and  was  a  member 
of  that  body  during  the   memorable   session  of  the 



Legislature  of  1881.  On  account  of  certain  combi- 
nations with  which  he  did  not  sympathize,  and  which 
resulted  in  the  defeat  of  the  Apportionment  Bill,  he 
was  not  placed  at  the  head  of  the  Judiciary  Com- 
mittee; but  it  is  well  known  that  no  constitutional 
question  arose  in  the  committee,  or  the  House,  that 
he  was  not  consulted,  and  in  but  one  instance  was 
his  opinion  disregarded,  and  in  that  case  his  vote  is 
found  recorded  in  accordance  with  a  subsequent  de- 
cision of  the  United  States  Circuit  Court.  Judge 
Reynolds'  practice  as  an  attorney  at  the  Bar  of  Santa 
Clara  County  has  been  in  some  of  the  most  important 
suits  instituted  within  this  jurisdiction.  Actions  in- 
volving titles  to  lands  have  been  his  specialty,  and  in 
these  his  careful  practice  and  thorough  research  have 
been  often  commented  on.  The  most  important  and 
complicated  partition  suit  ever  had  in  this  county, 
and,  perhaps,  on  the  coast,  was  begun  and  managed 
by  him  to  the  end,  with  no  error  in  the  slightest  de- 
tail. This  was  the  partition  of  Las  Animas  Rancho, 
covering  the  city  of  Gilroy  and  many  thousand  acres 
of  outside  lands,  and  in  which  there  were  several  very 
hotly  contested  controversies,  involving  about  one- 
eighth  of  the  whole  rancho,  and  which  occupied  the 
court  weeks  in  trying.  There  were  about  two  thou- 
sand parties  to  the  record  in  this  action,  which  was 
pending  for  several  years.  The  careful,  methodical, 
painstaking  character  of  Judge  Reynolds,  together 
with  his  learning  and  knowledge  of  the  law,  acquired 
by  nearly  forty  years'  study  and  practice,  eminently 
fitted  him  to  receive  the  appointment  to  the  Bench, 
which  he  now  holds.  Among  the  lawyers  now  prom- 
inent at  the  Bar  of  Santa  Clara  County,  are  the  fol- 
lowing, of  whom  we  present  brief  personal  sketches: — 

Hon.  Sherman  Otis  Houghton.— The  names 
of  few  among  the  pioneers  of  California  are  more 
favorably  known,  or  have  been  more  closely  iden- 
tified with  the  best  progress  of  the  State,  than  that 
of  Hon.  S.  O.  Houghton.  Born  April  10,  1828,  in 
New  York  city,  he  enlisted,  when  but  eighteen  years 
of  age,  and  still  at  school,  in  Company  A,  First  New 
York  Volunteer  Infantry,  and  on  March  26,  1847, 
arrived  in  San  Francisco,  after  a  voyage  "  round  the 
Horn,"  to  see  service  in  the  Mexican  War.  A  part 
of  the  regiment,  including  his  company,  was  detailed 
to  Santa  Barbara,  but  in  a  short  time  were  sent  to 
the  seat  of  war,  the  force  numbering  one  hundred  and 
five,  all  told,  under  the  command  of  Lieut.  Col.  Henry 
S.  Burton.  On  arriving  in  Mexico  they  took  up  a 
position  commanding  the  town  of  La  Paz,  where  they 

occupied  a  church  and  other  buildings.  They  forti- 
fied the  position,  and  successfully  held  their  own 
against  the  most  strenuous  exertions  of  the  enemy 
for  several  weeks,  until  relief  came,  when  they  took 
the  offensive,  meeting  with  signal  success,  and  capt- 
uring the  commander  of  the  Mexican  forces.  Mr. 
Houghton  was  regularly  promoted  for  merit  from  the 
ranks,  to  sergeant-major,  lieutenant,  and  adjutant 
of  the  command.  In  September,  1848,  he  returned 
to  Monterey,  and,  with  six  of  his  brother  officers,  pur- 
chased an  outfit  and  went  to  the  mines,  meeting  with 
some  success.  In  the  spring  the  company  separated, 
Mr.  Houghton  coming  to  San  Jose  in  March,  1849. 
He  then  purchased  oxen  and  wagons,  proceeded  to 
Stockton,  and  established  a  trading-post  at  Sullivan's 
Creek,  running  a  pack-train  between  that  point  and 
the  camps  about  Sonora.  After  this  Mr.  Houghton 
purchased  in  Stockton  a  stock  of  goods,  intending  to 
spend  the  winter  in  the  mountains  trading.  The 
rains  came  on,  however,  the  goods  could  not  be  moved, 
and  had  to  be  sacrificed  With  a  Mr.  Peasley  he 
then  engaged  in  the  cattle  business  at  San  Jose,  the 
speculation  paying  badly  on  account  of  the  deprecia- 
tion in  value  of  the  scrip  issued  by  the  State  at  that 
time.  In  1852  Mr.  Houghton  assisted  in  taking  the 
census  in  Santa  Clara  County;  in  the  same  year  he 
was  appointed  deputy  county  recorder.  In  1854  he 
was  elected  to  the  common  council  of  the  city,  and 
chosen  its  president;  in  1855  was  elected  mayor  of 
the  city,  holding  office  until  1856.  In  1871  he  was 
elected  a  member  of  the  Forty-second  Congress,  and 
re-elected  in  the  following  year  to  the  Forty-third 
Congress,  Mr.  Houghton  being  a  Republican  in  poli- 
tics, and  a  consistent  member  of  the  party.  From 
1852  till  1856  he  read  law  during  his  leisure  moments, 
and  in  the  latter  year  entered  the  law  office  of  W.  T. 
Wallace  and  C.  T.  Ryland.  In  i860  Mr.  Ryland 
withdrew  from  the  connection,  when  Mr.  Houghton 
formed  a  partnership  with  Judge  Wallace,  which  con- 
tinued till  the  latter's  removal  to  San  Francisco,  in 
1864.  Mr.  Houghton  has  been  a  prominent  member 
of  the  Bar  of  San  Jose,  having  a  very  large  practice, 
especially  in  the  settlements  of  the  old  Spanish  es- 
tates and  the  unraveling  of  their  intricate  titles.  In 
1886  he  removed  to  Los  Angeles,  which  city  he  has 
since  made  his  home,  though  he  still  retains  his  large 
real  estate  and  other  interests  in  this  valley. 

On  August  23,  1859,  Mr.  Houghton  married  Miss 
Mary  M.  Donner.  She  died  on  the  21st  of  July  fol- 
lowing, leaving  one  child,  Mary  M.,  who  was  born 
June  7,  i860.     On  October  10,  iS6i,he  married  Eliza 



P.  Donner,  the  third  and  youngest  daughter  of  George 
and  Tamsen  Donner,  who  was  born  March  8,  1843- 
She  left  Springfield,  Sangamon  County,  Illinois,  with 
her  parents  early  in  the  year  1846,  and  is  one  of  the 
survivors  of  the  ill-fated  Donner  party,  whose  terrible 
fate  is  one  of  the  most  melancholy  in  the  early  annals 
of  California.  Mr.  Houghton  is  one  of  the  leading 
citizens  of  this  State,  a  gentleman  honored  and  es- 
teemed by  all,  and  a  sturdy  specimen  of  the  fine  pio- 
neers of  California. 

Hon.  Joseph  A.  Moultrie  was  bom  in  Franklin, 
Missouri,  in  1827.  He  received  his  early  education 
there  and  in  Madison  County.  After  reading  law  for 
a  time  in  the  office  of  W.  V.  M.  Bay  he  enlisted  in  the 
United  States  Army,  to  serve  during  the  Mexican 
War.  His  regiment  was  the  First  Missouri  Cavalry, 
better  known  as  the  famous  "Doniphan's  Regiment." 
His  company  was  mustered  in  at  Fort  Leavenworth, 
with  John  D.  Stephenson  as  captain.  The  regiment 
was  attached  to  the  "Army  of  the  West,"  Gen.  S.  W. 
Kearney  commanding.  The  command  left  Fort 
Leavenworth  June  27,  1846,  and  marched  across  the 
plains  to  Santa  Fe.  The  operations  of  Doniphan's 
Regiment  make  one  of  the  most  interesting  and 
thrilling  chapters  in  the  history  of  the  Mexican  War. 
After  the  occupation  of  what  is  now  known  as  New 
Mexico,  two  companies  of  the  regiment,  Mr.  Moultrie's 
company  being  one  of  them,  were  detailed  to  go  out, 
under  the  guidance  of  Col.  Joe  Walker,  the  famous 
Indian  fighter,  to  treat  with  the  Navajo  Indians. 
Mr.  Moultrie  participated  in  all  the  battles  and  skirm- 
ishes in  which  his  regiment  was  engaged,  including 
the  battle  of  Sacramento,  near  Chihuahua.  He  was 
one  of  the  fourteen  men  who  volunteered  for  the 
perilous  duty  of  carrying  dispatches  to  Gen.  Wool,  at 
Buena  Vista.  The  distance  was  about  five  hundred 
miles,  through  a  rough  country,  infested  with  hostile 
Mexicans.  The  perils  and  hardships  which  this  ex- 
pedition encountered  and  overcame  would  fill  a  book. 

The  enterprise,  though  looked  upon  as  a  forlorn 
hope,  was  successful.  Mr.  Moultrie  was  mustered 
out  of  service,  with  his  company,  at  New  Orleans,  in 
the  latter  part  of  June,  1847.  He  returned  to  Mis- 
souri, where  he  remained  two  years,  and  again  started 
for  the  Pacific  Coast.  He  arrived  at  Santa  Fe  in 
1849,  where  he  stayed  until  January,  1850.  With  two 
companions,  he  continued  his  journey  to  California. 
At  San  Diego  they  separated,  and  Mr.  Moultrie,  se- 
curmg  a  mule,  rode  to  San  Jose,  which  he  reached  in 
June  of  the  same  year,  the   journey  from    Santa  Fe 

occupying  six  months.  He  went  to  the  mines,  but 
was  unsuccessful  and  returned  to  San  Jose  in  1852. 
He  secured  five  hundred  acres  of  land  near  Menlo 
Park,  which  he  farmed  for  one  year,  and  then  accepted 
an  appointment  as  deputy  sheriff  of  Santa  Clara 
County.  While  occupying  this  position  he  resumed 
the  study  of  law  under  the  instruction  of  Judge 
Archer.  Later,  he  entered  the  law  office  of  W.  T.  Wal- 
lace, and  when  the  latter  was  elected  attorney -general 
in  185s,  Mr.  Moultrie  became  his  deputy,  serving  in 
that  capacity  for  two  years.  He  was  elected  district 
attorney  for  Santa  Clara  County,  which  office  he  held 
two  years.  In  1861  Mr.  Moultrie  took  an  active  part 
in  the  organization  of  Mono  County,  and  was  ap- 
pointed its  first  county  judge.  At  the  election  two 
years  later  he  was  elected  to  the  same  position  for  a 
term  of  four  years.  He  resigned  before  the  expira- 
tion of  his  term,  and  again  went  to  the  mines,  and  was 
again  unsuccessful.  He  then  resumed  his  law  prac- 
tice in  San  Jose,  which  he  has  continued  ever 
since.  Judge  Moultrie  has  conducted  some  of  the 
most  important  cases,  both  civil  and  criminal,  which 
have  been  tried  at  this  Bar,  but  has  devoted  most  of 
his  attention  to  cases  involving  the  title  to  real  estate. 
He  is  a  popular  and  respected  citizen,  as  well  as  a 
prominent  member  of  the  Bar.  He  is  a  Democrat  in 
politics,  and  was  chosen  a  delegate  to  the  National 
Convention  that  nominated  Samuel  J.  Tilden  as 
President  of  the  United  States. 

Judge  Lawrence  Archer,  attorney-at-law,  rooms 
I,  2,  and  3  Archer  Building,  corner  of  First  and  Santa 
Clara  Streets,  San  Jose,  has  been  prominently  identi- 
fied with  the  legal  profession  and  the  material  and 
political  interests  of  San  Jose  since  1853,  and  a  resi- 
dent of  California  since  1852,  in  which  year  he  crossed 
the  plains  from  St.  Joseph,  Missouri,  not  so  much  for 
the  golden  attractions  presented  then  by  California  as 
the  promise  held  out  of  a  restored  health,  the  latter 
having  been  undermined  by  the  malaria  of  Yazoo 
County,  Mississippi,  and  not  much  improved  by  a  resi- 
dence on  the  banks  of  the  Missouri.  A  native  of  South 
Carolina,  where  he  was  born,  in  the  Anderson  district 
(now  Anderson  County)  in  1820,  he  there  received  his 
primary  education,  after  which  he  attended  the  Uni- 
versity of  Virginia,  and  later  studied  law  in  the 
office  of  Armisted  Burt,  a  prominent  attorney  of 
Abbeville,  South  Carolina.  These  educational  ad- 
vantages were  largely  paid  for  by  his  own  earnings, 
his  father,  who  had  been  a  merchant  and  planter  of 
South  Carolina,    having    met   with  financial    reverses 



while  the  subject  of  this  sketch  was  yet  a  lad,  throw- 
ing the  latter  on  his  own  resources  at  an  early  age. 
His  parents  were  John  and  Ann  (Mosely)  Archer, 
both  natives  of  Virginia.  Removing  to  Yazoo  County, 
Mississippi,  in  1841  he  was  admitted  by  the  Su- 
preme Court  of  the  State  of  Mississippi  to  the  prac- 
tice of  law,  which  he  followed  in  Yazoo  County  two 
years.  The  malarial  fevers  of  that  region  making  a 
change  of  climate  necessary,  he  removed  to  St.  Joseph, 
Missouri,  making  the  trip  by  steamboat  the  greater 
part  of  the  way,  then  by  stage,  and  finally,  owing  to  an 
accident,  the  latter  part  of  the  way  on  foot.  He 
practiced  law  in  that  city  with  success,  remaining 
there  for  eight  years,  and  finally  resigned  the  office  of 
district  attorney,  to  which  he  had  been  elected  three 
years  previously,  to  come  to  California  in  search  of 
health,  which  seemed  impossible  to  regain  elsewhere. 

He  settled  in  Sacramento,  where  he  remained  until 
after  the  great  fire  of  1852,  then  removed  to  San 
Francisco,  where  he  remained  a  short  time,  finally 
settling,  in  January,  1853,  in  San  Jose,  where  he  has 
remained  permanently  since  that  time,  and  where  he 
has  since  devoted  himself  to  the  practice  of  his  pro- 

In  1867  he  was  elected  county  judge,  holding  that 
position  until  August,  1871,  when  he  resigned  that 
for  the  session  of  1875-76.  He  was  made  chairman 
of  the  Committee  on  Corporations,  which,  on  account 
of  the  part  taken  by  the  railroads  in  the  politics  of  the 
State,  was  the  most  important  committee  in  the 
House.  As  chairman  of  that  committee  he  prepared 
a  bill  to  regulate  fares  and  freights,  which  became 
famous  as  the  "Archer  Bill."  Up  to  this  time  the 
people  had  been  industriously  educated  to  the  im- 
pression that  no  one  who  had  not  served  for  years  in 
the  transportation  business  could  intelligently  act  in 
this  matter.  Judge  Archer  demonstrated  that  there 
was  one  man  at  least  who  could  grasp  and  solve  the 

The  bill  was  defeated  in  the  Senate,  but  the  agita- 
tion arising  from  it  resulted  later  in  the  passage  of 
the  "Railroad  Commission  Bill."  In  1864  he  re- 
moved with  his  family  to  New  York,  remaining  there 
for  eighteen  months,  during  which  time  he  did  not 
enter  into  the  practice  of  his  profession  or  any  busi- 
ness engagements.  He  returned  to  his  California 
office  to  enter  the  campaign  as  a  nominee  for  Con- 
gress from  this  district,  which  at  that  time  included 
San  Francisco  and  the  entire  southern  portion  of  the 
State.  Judge  Archer  has  twice  been  elected  mayor  of 
San  Jose,  the  first  time  in  1857  and  again  in  1877,  '" 

neither  case  elected  as  a  representative  of  either  of  the 
great  political  parties,  but  as  a  candidate  of  the  better 
elements  of  both  parties,  the  last  time  opposing  the 
nominee  of  the  so-called  Workingmen's  party.  He 
also  served  one  term  in  the  State  Legislature  in  1866. 

He  was  married  in  Missouri,  in  1848,  to  Miss  Louise 
Martin  of  St.  Joseph.  This  lady  died  in  1869,  leaving 
one  child,  Louise,  now  the  wife  of  M.  J.  Flavin,  a 
merchant  of  San  Francisco.  He  was  married  in  1870 
to  Miss  Alice  B.  Bethell,  a  native  of  Indiana,  at  that 
time  on  a  visit  to  relatives  in  California.  There  have 
been  born  to  them  two  children:  Lawrence,  born  in 
1 87 1,  and  Leo,  born  in  1874.  Lawrence  is  now  attend- 
ing the  Santa  Clara  College,  and  Leo  attending  the 
public  schools  of  San  Jose. 

Judge  Archer  has  160  acres,  in  the  southeast  cor- 
ner of  San  Jose,  where  he  resides,  and  on  which  he 
has  an  orchard  of  thirty  acres,  planted  in  cherries, 
apricots,  and  prunes.  This  place  he  has  owned  since 
1 86 1,  and  has  devoted  it  to  farming  and  fruit  raising. 

The  Judge  took  great  pride  in  his  cherry  orchard, 
which  consisted  of  four  acres,  from  which  the  income 
averaged  about  $3,000  per  year.  He  was  the  first 
fruit-grower  in  Santa  Clara  County  to  utilize  the 
labor  of  women  and  children  in  his  orchard,  thus  giv- 
ing desirable  employment  to  a  large  number  of  deserv- 
ing people.  Judge  Archer  foresaw  the  future  prosper- 
ity of  San  Jose  when  he  first  settled  here,  and  has  done 
much  to  develop  the  resources  of  the  county.  He 
purchased  largely  of  real  estate,  and  the  fact  that  he 
could  always  procure  what  money  he  wanted  with  no 
other  security  than  his  word,  indicates  the  estimation 
in  which  he  was  held  by  the  community.  He  was  al- 
ways foremost  in  improvements;  he  built  the  first 
prominent  brick  building  on  First  Street,  and  always 
kept  in  advance  of  the  first  rank  of  progress.  Dur- 
ing all  the  heated  political  campaigns  in  which  he  has 
taken  a  prominent  part,  not  one  word  has  ever  been 
spoken  reflecting  on  his  ability  or  integrity. 

Hon.  Joseph  S.  Wallis,  of  Mayfield,  has  been 
associated  with  the  Bar  of  Santa  Clara  County  for 
upward  of  thirty  years;  and  while  most  of  his  con- 
temporaries of  the  '50's  have  passed  away  or  retired 
from  the  active  practice  of  the  law,  he  stands  to-day 
among  the  most  active  and  able  men  in  the  ranks  of  the 
profession.  Judge  Wallis  is  a  native  of  Massachusetts, 
born  at  Salem,  on  the  twenty-fourth  of  October,  1825. 
The  Wallis  family  was  established  in  this  country 
generations  back,  when  the  brothers,  Aaron  and 
Joseph  Wallis,'  came  from  England,  among  the  early 



settlers  of  the  old  colony  of  Massachusetts.  His 
father,  Joseph  Hutchinson,  was  a  merchant,  and  con- 
ducted a  large  furniture  business.  His  mother's 
maiden  name  was  Sarah  D.  Hutchinson.  She  was  also 
of  English  ancestry,  and  sprang  from  the  Governor 
Hutchinson  family,  of  Massachusetts. 

The  subject  was  reared  at  Salem,  and  received  his 
scholastic  training  there  at  the  English  High  School 
and  Latin  Grammar  School,  where  young  men  were 
prepared  for  college.  His  eagerness  to  advance,  his 
progress  and  standing  in  his  classes,  caused  the  break- 
down of  his  health  from  overstudy,  so  that  he  was  com- 
pelled to  withdraw  from  school.  At  the  breaking  out 
of  the  California  gold  excitement,  he  decided  to  go  to 
the  new  El  Dorado,  thinking  thereby  to  regain  his 
health  and  perhaps  to  eventually  associate  himself 
with  the  profession  he  had  already  been  making  prep- 
arations to  enter — the  law. 

Going  to  Boston,  he  took  passage,  January  24,  1849, 
on  the  ship  Capital,  bound  for  California.  Stops  were 
made  at  Rio  de  Janeiro  and  at  Valparaiso;  storms 
were  encountered  off  Cape  Horn  and  elsewhere,  and 
when  they  came  into  the  harbor  of  San  Francisco,  it 
was  the  nineteenth  of  July.  Mr.  Wallis,  who  was  at 
the  head  of  the  party  which  had  come  out  on  the  Cap- 
ital, took  his  company  as  far  as  Sacramento,  where  they 
disbanded,  and  a  few  of  them  accompanied  him  into 
the  Middle  Yuba  River  country,  where  they  opened  up 
the  early  mines  in  that  vicinity.  In  December,  1850, 
he  returned  to  San  Francisco,  and  there  engaged  in 
clerking.  In  1852  he  resumed  the  reading  of  law,  in 
the  office  of  William  H.  Rhodes.  He  was  admitted 
to  the  Bar  at  Sacramento,  before  the  Supreme  Court 
of  California,  on  the  fifteenth  of  August,  1855,  though 
he  had  previously  assisted  Mr.  Rhodes  in  his  practice. 
He  was  associated  with  that  noted  lawyer  until  the 
fall  of  1857. 

On  the  seventh  of  November  of  that  year,  he  came 
to  Santa  Clara  County,  and,  locating  at  Mayfield,  has 
ever  since  been  a  citizen  of  that  place.  In  1859  and 
i860  he  was  associate  judge  with  John  Moore,  in  the 
Court  of  Sessions  of  Santa  Clara  County,  and  in  1862 
was  chosen  by  the  electors  of  this  district  to  a  seat  in 
the  Senate  of  California,  serving  in  the  sessions  of  that 
year  and  1863.  His  legal  standing  commanded  a  po- 
sition for  him  on  the  important  Committee  un  Judi- 
ciary, of  which  he  was  one  of  the  earnest  working 
members.  The  arduous  duties  thus  entailed  allowed 
little  time  for  other  committee  work,  though  he  also 
assisted  in  the  labors  of  the  Engrossment  and  other 
committees.     On  the  eighteenth  of  February,  1870, 

he  was  admitted  to  the  Bar  of  the  Supreme  Court  of 
the  United  States. 

He  was  married  July  25,  1854,  to  Miss  Sarah 
Green,  a  native  of  Ohio.  She  came  to  California  in 
1844,  with  the  Martin  Murphy  party,  which  is  treated 
of  in  extended  mention  elsewhere  in  this  volume. 
She  owned  the  land  where  Sutter  built  his  mill,  and 
it  was  on  property  of  which  she  had  been  the  former 
possessor  that  gold  was  discovered  in  1846.  Mr.  and 
Mrs.  Wallis  were  the  parents  of  five  children,  viz.: 
Talbot  H.,  State  Librarian  at  Sacramento;  Eva  (Hess), 
of  San  Jose ;  Josephine  (Ingalls),  of  San  Jose ;  William 
A.,  who  is  in  the  employ  of  the  Southern  Pacific  Rail- 
road, and  resides  at  Oakland;  and  Joseph,  who  died  at 
the  age  of  twenty-three  years,  at  Sacramento,  where  he 
was  a  practicing  lawyer. 

Judge  Wallis  has  always  taken  an  active  interest  in 
public  affairs — local,  State,  and  national.  He  has  the 
honor  of  having  been  a  member  of  the  Free-soil 
Convention  that  nominated  Van  Buren  and  Adams. 

R.  B.  BUCKNER,  the  subject  of  this  sketch,  was  born 
in  Winchester,  Clark  County,  Kentucky,  in  1822. 
He  received  his  education  at  Centre  College,  Danville, 
Kentucky,  and  at  the  age  of  nineteen  years  he  joined 
his  parents  in  Missouri,  where  they  had  gone  several 
years  previous,  leaving  him  attending  school,  and 
bought  a  farm  in  Jackson  County.  His  father  resided 
on  this  farm  until  his  death,  which  occurred  in  1854. 
The  judge  engaged  in  school-teaching  in  Missouri, 
close  to  the  Kansas  line,  until  the  breaking  out  of  the 
Mexican  War,  when  in  1846  he  enlisted  in  the  First 
Regiment  of  Missouri  Volunteers,  Colonel  A.  W. 
Doniphan  commanding.  The  regiment  marched  to 
Santa  Fe,  which  was  then  in  Mexican  territory,  where, 
the  Navajo  Indians  being  troublesome.  Judge  Buck- 
ner's  and  another  company  of  soldiers  were  sent  out 
to  quell  them,  which  they  did,  making  a  treaty  of 
peace  with  them;  and  then,  continuing  their  march, 
they  passed  through  the  country  of  the  Zunis  and 
Laguna  tribes,  and  joined  their  regiment  at  Socorro, 
on  the  Rio  Grande,  and  marched  on  into  Mexico.  On 
Christmas-day  of  that  year  they  met  the  Mexican 
troops  in  the  battle  of  Brazito.  The  enemy  having 
twelve  hundred  cavalry,  a  regiment  of  infantry,  and  a 
small  piece  of  artillery,  his  own  regiment  consisting 
of  but  eight  hundred  men,  a  battery  of  six  guns,  and 
fifty  cavalry,  the  chances  were  decidedly  against 
them;  but,  notwithstanding  that  fact,  they  were  victo- 
rious, as  they  were  also  at  the  battle  of  Sacramento, 
fought  later.     They  entered  the  city  of  Chihuahua, 



Mexico,  March  2,  1847,  the   principal   battles   having 
been  fought  before  their  regiment  reached  there. 

On  the  twenty-seventh  of  the  following  April  they 
were  ordered  to  General  Taylor's  headquarters  at 
Monterey,  which  they  reached  in  June;  there  they 
were  ordered  to  New  Orleans  for  muster.  Sailing  from 
Point  Isabel  they  reached  that  city  the  fifteenth  day 
of  June,  1847;  immediately  on  their  arrival  they  were 
mustered  out  of  the  service,  and  the  judge  returned  to 
his  home  in  Missouri,  where  he  spent  the  winter. 
In  the  spring  of  1848  he  made  a  trip  into  Mexico  for 
the  purpose  of  trading.  On  his  return,  at  Santa  Fe, 
he  heard  of  the  discovery  of  gold  in  California,  and, 
hastening  home,  began  preparations  for  a  trip  to  the 
land  of  gold. 

In  the  spring  of  May,  1849,  he  started,  with  the  cel- 
ebrated "  Hudspeth  Train,"  consisting  of  sixty-four 
wagons  with  ox-teams.  They  had  the  usual  experi- 
ence of  parties  crossing  the  plains  in  that  early  day, 
and  reached  the  Sacramento  River  at  Lassens,  on  the 
tenth  day  of  October,  1849.  The  judge  came  imme- 
diately to  San  Jose,  but  the  gold  fever  being  upon  him 
he  left  for  the  mines  soon  after,  and  in  two  months 
returned  to  this  city  completely  cured.  He  then  en- 
gaged as  clerk  for  various  firms  in  the  mercantile  bus- 
iness, which  occupation  he  only  followed  a  short  time. 
Having  studied  law  while  he  taught  school  in  Missouri, 
he  concluded  to  put  his  knowledge  into  practice,  and 
accordingly  opened  an  office  with  Judge  Bowdon,  of 
Santa  Clara.  In  1853  he  was  elected  judge  of  Santa 
Clara  County,  which  office  he  held  for  three  years, 
when  he  was  elected  mayor  of  San  Jose,  and  filled  that 
position  one  year.  For  the  past  eleven  years  Judge 
Buckner  has  been  the  policejustice,  now  including  the 
office  of  city  justice  of  San  Jose.  When  not  engaged 
in  public  office  he  has  continued  the  practice  of  law 
to  this  date. 

In  1854  he  was  united  in  marriage  to  Miss  Louisa 
McCabe,  a  native  of  Washington  County,  Missouri, 
who  came  with  her  parents,  P.  T.  McCabe  and  Martha 
(Davidson)  McCabe,  across  the  plains  to  this  State  in 
1849.  Her  father,  who,  at  the  ripe  old  age  of  eighty- 
five  years,  still  lives,  was  sheriff  of  Santa  Clara  Count) 
in  the  years  1854-56.  Judge  Buckner  and  his  wife 
have  an  adopted  daughter  and  a  niece.  Miss  Fannie 
Montgomery,  who  has  lived  with  them  all  her  life;  she 
is  at  present  an  employe  of  the  post-office  in  San  Jose. 
The  judge  is  a  member  of  San  Jose  Lodge,  No.  10, 
F.  and  A.  M.,  and  of  the  Mexican  War  Veteran  As- 
sociation of  San  Jose,  and  supports  the  Democratic 

S.  F.  Leib  came  to  this  country  in  1869,  settling  in 
San  Jose.  Mr.  Leib  was  born  in  Fairfield  County, 
Ohio,  in  1848,  his  father,  Joseph  Leib,  having  re- 
moved thither  from  Pennsylvania,  with  his  parents, 
in  1806,  when  but  seven  years  of  age.  At  this  very 
early  date  in  the  history  of  Ohio  the  Indians  had  but 
recently  held  almost  unlimited  possession,  and  an  old 
Indian  trail  ran  through  the  Leib  farm. 

Joseph  Leib's  wife  was  Clarissa  Allen,  a  native  of 
Ohio,  her  father  having  come  there  from  Vermont 
at  a  very  early  date.  Here  in  Fairfield  County  they 
lived  their  entire  married  lives,  and  here  they  died — 
Joseph  Leib  in  1880,  his  wife  in  1863.  There  were 
born  to  them  three  sons:  L.  H.  Leib,  who  was  killed 
at  Bolivar,  Tennessee,  in  1862,  while  leading  his  com- 
pany into  action;  Joseph  Leib,  now  living  in  Illinois, 
and  S.  F.,  the  subject  of  this  sketch. 

Mr.  Leib,  with  his  brothers,  attended  the  public 
schools  of  their  native  section  until  he  commenced 
the  study  of  law  at  Ann  Arbor,  Michigan,  from  which 
institution  he  graduated  in  1869.  He  relieved  the 
monotony  of  school  life,  however,  by  enlisting  in 
Company  E,  159th  Ohio  Infantry,  in  the  spring  of 
1864,  at  the  age  of  sixteen,  but  was  mustered  out  of 
service  the  same  year. 

Since  coming  to  California  Mr.  Leib  has  been  not 
only  a  successful  practitioner  of  the  law,  but  fortunate 
in  business  ventures,  and  his  lovely  home  on  the  beau- 
tiful Alameda  is  remarked  by  everyone  who  passes  it. 
Here,  after  the  business  day  is  ended,  he  is  received 
by  wife  and  children  into  that  true  home  peace  and 
enjoyment  which  is  worth  the  heaviest  toil  to  win; 
and  here  he  expects  to  make  his  future  home.  Be- 
side his  city  home,  Mr.  Leib  owns  one  hundred  and 
ten  acres  in  the  Capertino  district,  eight  miles  from 
San  Jose,  on  the  Stevens  Creek  road,  which  he  has 
all  planted  in  French  prune  trees,  seventy  acres  of 
which  are  in  full  bearing.  Mr.  Leib  varies  the  rou- 
tine of  law  practice  by  experimental  horticulture,  in 
the  success  of  which  he  finds  much  pleasure.  He 
handles  all  his  own  prunes — drying  them  in  the  sun 
— and  has  already  established  for  them  a  wide  repu- 
tation on  account  of  the  thorough  manner  in  which 
the  drying  and  packing  processes  are  accomplished. 

Mr.  Leib  is  a  member  of  John  A.  Dix  Post,  No. 
42,  San  Jose,  G.  A.  R. 

D.  W.  Herrington.— This  gentleman,  one  of  the 
early  pioneers  of  Santa  Clara  County,  is  a  native  of 
Indiana,  born  near  Paris,  Jennings  County,  December 
23,  1826.     Mr.  Herrington  left  the  paternal  home  at 



the  age  of  thirteen,  removing  to  Madison,  Indiana, 
where  he  worked  at  his  trade,  carpenter  and  joiner, 
until  the  age  of  nineteen.  He  had  the  misfortune  to 
lose  the  use  of  his  right  arm  at  this  age,  and  was 
compelled  to  give  up  his  trade.  He  immediately  en- 
tered the  Asbury  University  at  Greencastle,  Indiana, 
where  he  remained  the  greater  part  of  four  years. 
On  the  thirteenth  of  March,  1850,  he  left  school  and 
started,  with  an  ox-team,  from  Greencastle  for  Cali- 
fornia, arriving  at  Placerville  on  the  tenth  day  of  Au- 
gust of  the  same  year.  During  the  first  six  months 
in  California  he  worked  in  the  gold  mines,  after  which 
he  went  to  Sacramento,  living  there  and  at  Sutter- 
ville  from  May,  1S51,  until  December,  1853.  At  this 
time  impaired  health  compelled  him  to  make  a  change, 
and  he  started  for  Los  Angeles,  but,  on  reaching  Santa 
Clara,  in  January,  1854,  decided  to  remain  for  a  time, 
and  has  been  at  this  place  and  in  San  Jose  ever  since. 

From  1855  to  1861  Mr.  Herrington  followed  the 
occupation  of  teaching,  when  he  took  up  the  study  of 
law.  He  was  admitted  to  the  Bar  in  1862,  and  has 
been  engaged  in  the  practice  of  law  ever  since.  He 
was  a  member  of  the  State  Legislature  in  1863;  was 
elected  district  attorney  in  1865,  holding  this  office 
until  1867,  and  was  a  member  of  the  Constitutional 
Convention  of  1878-79,  which  formed  the  present 
Constitution  of  California. 

In  1858  Mr.  Herrington  married,  in  Santa  Clara, 
Miss  Mary  Harriet  Hazelton,  a  native  of  Ohio,  who 
had  removed  with  her  parents,  Hiram  and  Martha  E. 
Hazelton,  at  an  early  age,  to  Michigan,  coming  thence 
to  California  in  1852.  From  this  marriage  there  are 
six  children:  Irving,  justice  of  the  peace  and  real  estate 
agent  in  Santa  Clara;  Rachel,  now  a  teacher  in  the 
Santa  Clara  public  schools,  having  graduated  from 
the  State  Normal  School  in  1883;  Leona,  wife  of  The- 
odore Worth,  of  Bradley,  Monterey  County;  Clarence, 
now  studying  law  in  his  father's  office  in  the  city  of 
San  Jose;  Howard,  now  engaged  in  the  painting  bus- 
iness in  Los  Angeles  County,  and  Bertram  A.,  now 
teaching  in  the  public  schools  at  San  Miguel,  having 
graduated  from  the  State  Normal  School  in  1887. 

Mr.  Herrington  is  a  member  of  the  Masonic  Order, 
and  also  of  Santa  Clara  Lodge,  No.  52,  I.  O.  O.  F 
He  has  been  city  attorney  of  San  Jose  since  1879. 
In  politics  he  is  a  Republican,  having  belonged  to 
that  party  since  1861. 

The  parents  of  Mr.  Herrington  were  Joseph  and 
Rachel  (Davis)  Herrington.  His  father  was  a  native 
of  Maryland,  removing,  when  an  infant,  with  his  par- 
ents to  Pennsylvania,  and  later  to  Indiana,  where  he 

died  in  1859.  His  mother  was  a  native  of  Tennessee. 
She  died  in  1861,  aged  sixty-nine  years.  Both  par- 
ents  are  buried  at   Paris,  Jennings  County,   Indiana. 

Charles  D.  Wright  is  one  of  the  prominent 
members  of  the  Bar  of  Santa  Clara  County,  of  which 
he  has  been  a  practiciihg  member  for  more  than  fif- 
teen years.  Mr.  Wright  is  a  son  of  the  Empire  State, 
born  in  Watertown,  Jefferson  County,  New  York. 
His  early  education  was  obtained  in  his  native  State, 
and  when  fifteen  years  of  age  he  came  to  the  Pacific 
Coast  and  to  Santa  Clara  County.  In  1865  he  entered 
the  law  office  of  Hon.  S.  O.  Houghton  as  a  student, 
and  was  admitted  to  the  Bar  in  1868.  He  has  en- 
joyed a  very  large  and  lucrative  law  practice.  Mr. 
Wright  has  always  been  a  pronounced  Republican  in 
his  political  affiliations,  and,  possessing  the  courage  of 
his  convictions,  he  has  taken  an  active  part  as  a  local 
political  leader,  for  which  he  is  well  fitted  because  of 
his  superior  judgment  of  human  nature,  and  his  rare 
tact  and  executive  ability  in  controlling  and  directing 
men.  His  candor  and  integrity  of  character  inspire 
confidence,  and  he  has  proved  a  successful  fighter  of 
political  battles.  He  managed  the  campaigns  which 
elected  his  former  preceptor,  Mr.  Houghton,  to  the 
United  States  Congress.  His  efforts  in  politics  have, 
however,  all  been  in  behalf  of  his  friends,as  he  has  never 
been  a  candidate,  nor  sought  office  for  himself  As 
a  lawyer  Mr.  Wright  excels  in  his  clear  conceptions 
of  a  cause,  and  such  a  logical  presentation  of  the  facts 
as  carries  conviction  with  his  argument  in  the  minds 
of  the  jury  and  the  court.  He  has  practiced  chiefly 
in  the  civil  courts. 

In  1885  the  subject  of  this  memoir  married  Miss 
MoUie  Murphy,  born  in  Santa  Clara  County,  and  a 
daughter  of  John  M.  and  Virginia  Reed  Murphy. 
Her  father  was  one  of  the  famous  Murphy  expedition, 
whose  perilous  experiences  are  narrated  at  length  in 
this  work,  and  her  mother  was  one  of  the  Donner 
party,  whose  terrible  trials  and  sufferings  are  also 
given  in  detail  elsewhere  in  this  volume. 

John  C.  Black,  attorney  at  law,  whose  law  offices 
are  at  rooms  18  and  19  Knox  Block,  and  resi- 
dence at  No.  322  North  Third  Street,  San  Jose,  is  a 
native  of  Butler  County,  Pennsylvania,  where  he  was 
born  in  1834.  He  there  received  his  early  education, 
attending  later  Alleghany  College  at  Meadville,  Penn- 
sylvania, of  which  Bishop  Kingsley  was  then  a  pro- 
fessor. In  1855  he  left  college  to  come  to  California, 
arriving  at  San   Francisco  by  the   Panama  route    in 



March  of  that  year,  at  once  proceeding  to  Jackson, 
Amador  County,  where  he  engaged  in  mining  for  two 
years.  Deciding  on  a  more  permanent  direction  for 
his  energies,  he  came  to  the  Santa  Clara  Valley,  where 
he  devoted  himself  for  several  years  to  teaching 
school  and  studying  law. 

Being  admitted  to  the  Bar  by  the  Supreme  Court 
in  Januaiy,  1863,  he  removed  to  Yuba  County,  where 
he  engaged  in  the  practice  of  law.  He  filled  the  office  of 
assistant  district  attorney  in  Marysville  during  1863 
and  1864,  and  then  removed  to  San  Jose,  where  he  has 
continued  the  practice  of  law  since  that  time,  filling  the 
office  of  notary  public  in  1867  and  1868.  Was 
elected  district  attorney  in  1871,  holding  the  office 
until  March,  1874.  He  was  married  in  1868  to  Miss 
Marian  J.  Millard,  a  native  of  Iowa,  who  came  to  Cali- 
fornia with  her  parents  in  her  early  childhood,  in  1853. 
They  have  six  children:  Clara  N.,  now  attending  the 
Normal  School;  John  N.,  attending  the  University  of 
the  Pacific;  Walter  R.,  Edmund,  James  G.,  the  three 
latter  attending  the  public  schools  of  San  Jose,  and 
an  infant  now  one  year  old. 

Mr.  Black's  parents  were  James  and  Nancy  A. 
(Russell)  Black,  natives  of  Pennsylvania,  where  they 
lived  until  1874,  when  they  removed  to  California,  and 
have  since  resided  in  San  Jose.  They  had  five  sons 
in  the  Union  army  during  the  late  war,  all  coming 
out  alive,  although  several  were  badly  wounded.  The 
subject  of  this  sketch  is  a  member  of  Garden  City 
Lodge,  I.  O.  O.  F.,  and  of  Mount  Hamilton  Lodge,  No. 
142,  A.  O.  U.  W.,  of  San  Jose,  a  Republican  in  poli- 
tics, and  in  favor  of  tariff  protection  to  American 
industries.  W.  W.  Black  is  interested  in  the  San 
Jose  Woolen   Mill. 

Hon.  James  R.  Lowe,  a  successful  and  prominent 
representative  of  the  San  Jose  Bar,  was  born  in  New- 
buryport,  Massachusetts,  on  April  25,  1840.  Up  to  the 
age  of  twelve  years  he  attended  school  in  his  native 
town,  removing  with  his  parents  to  San  Jose,  Cal- 
ifornia, where  they  settled  in  1852.  He  completed 
his  school  education  at  Gates'  Institute,  in  the  latter 
city.  Appointed  United  States  consul  to  the  city  of 
Tehuantepec,  Mexico,  by  President  Andrew  Johnson, 
he  represented  the  United  States  at  that  place  at  the 
time  the  Emperor  Maximilian  was  shot  at  Queretaro 
by  order  of  President  Juarez.  On  his  return  from 
Mexico  he  studied  law  with  the  Hon.  F.  E.  Spencer, 
now  superior  judge,  and  was  admitted  to  the  Bar. 
In  1876  Mr.  Lowe  was  elected  president  of  the  Board 
of  Education  of  San  Jose,  holding  that  office  for  two 

successive  terms,  during  which  time  the  schools  were 
managed  to  the  entire  satisfaction  of  the  people  of 
this  city,  and  in  a  manner  unexcelled  before  or  since. 

He  was  elected  in  1884  State  senator  on  the 
Republican  ticket,  and  regarded  among  the  ablest 
members  of  that  body.  His  record  as  senator  was 
among  the  best.  During  the  extra  session  of  1886 
he  took  a  very  active  part  towards  the  passage  of  laws 
in  favor  of  irrigation,  holding  that  "the  waters  flowing 
in  our  rivers  and  streams  should  not  be  allowed  to  roll 
idly  to  the  sea,  but  should  be  thrown  upon  the  arid 
plains,  and  they  be  made  to  blossom  like  the  rose." 

Resulting  from  that  legislation  in  which  Mr.  Lowe 
took  so  prominent  a  part,  irrigation  districts  have 
been  inaugurated  under  the  State  laws,  and  thousands 
of  acres  of  comparative  desert  have  been  transformed 
into  beautiful  and  profitable  homes.  Mr.  Lowe  has  a 
place  of  eighty  acres,  located  in  the  foot-hills  west  of 
the  town  of  Milpitas,  which  he  contemplates  planting 
in  trees  and  vines  in  1889. 

He  was  married,  in  1861,  to  Miss  Inez  Pacheco,  a 
member  of  the  celebrated  Pacheco  family,  of  Califor- 
nia, who  was  educated  at  the  convent  of  Notre  Dame, 
in  San  Jose.  She  died  in  May,  1872,  leaving  four  chil- 
dren: James,  Mary  (who,  while  driving  in  her  father's 
carriage  in  1887,  was  thrown  out  and  instantly  killed, 
and  at  whose  death  San  Jose  was  a  house  of  mourn- 
ing, so  generally  beloved  was  she),  Ralph,  now  in 
his  graduating  course  at  the  San  Jose  Commercial 
College,  and  William  W.,  now  engaged  in  San  Jose 
as  searcher  of  records.  He  was  married  in  1874  to 
Miss  Enna  Forsyth,  a  native  of  Maumee,  Ohio,  a 
lady  of  very  rare  intellectual  attainments  and  culture, 
who  was  for  several  terms  president  of  the  Board  of 
Education  of  Santa  Clara  County,  filling  that  position 
with  eminent  credit  to  herself  and  satisfaction  to  the 
people  of  the  county.  This  estimable  lady  died  in 
1887,  leaving  three  children:  Alexander,  Duncan,  and 

Senator  Lowe's  parents  were  James  R.  and  Mary 
(Tuckwell)  Lowe.  His  father  was  born  in  Chester- 
field, England,  in  1808.  Educated  as  a  landscape  gar- 
dener and  horticulturist,  he  displayed  such  rare  taste 
and  skill  in  laying  out  and  embellishing  large  parks 
and  gardens,  that  he  was  employed  to  come  to  the 
United  States  and  superintend  the  laying  out  and 
adorning  the  exquisite  grounds  and  horticultural  plots 
of  James  Arnold,  of  New  Bedford.  He  later  did  sim- 
ilar work  for  the  late  Ben:  Perley  Poore,  at  Indian  Hill 
Farm,  near  Newburyport,  Massachusetts.  He  re- 
moved to  California  in  1852   with  his  family,  and  en- 



in  San  Jose  in  the  same  profession.  There 
are  many  places  in  San  Jose  and  CaHfornia  that  bear 
witness  to  his  master  skill  and  rare  taste  and  culture 
in  the  art  of  beautifying  the  face  of  nature.  He  was 
the  means  of  bringing  to  California,  and  propagating 
here,  many  valuable  plants  and  trees,  to  which  em- 
ployment he  was  devoted  up  to  his  death,  in  1874. 
A  man  of  genial,  affable  disposition,  fond  of  telling 
and  listening  to  a  good  story,  he  had  many  and 
valued  friends;  in  fact,  a  very  happy  type  of  the 
representative  English  gentleman.  He  was  several 
times  elected  a  member  of  the  City  Council  of  San 
Jose.  Mr.  Lowe's  mother  was  a  native  of  Newbury- 
port,  Massachusetts,  and  a  member  of  the  celebrated 
Sherborn  family,  of  New  Hampshire. 

Further  particulars  of  Mr.  Lowe's  services  as  a  hor- 
ticulturist in  Santa  Clara  County  will  be  found  in 
our  chapter  on  horticulture. 

Daniel  W.  Burchard. — Holding  a  prominent 
and  important  position  among  the  public  officers  of 
this  county,  is  Mr.  Daniel  W.  Burchard,  attorney  at 
law  and  assistant  district  attorney.  His  father  was 
the  Rev.  John  L.  Burchard,  for  ten  years  a  member  of 
the  Missouri  Conference  of  the  Methodist  Episcopal 
Church.  While  he  was  stationed  in  Benton  County, 
Missouri,  on  March  5,  1858,  the  subject  of  this  sketch 
was  born,  and  came  with  his  parents  to  Califor- 
nia in  the  same  year.  His  father  was  located  first 
at  MarysviUe,  remaining  there  four  years,  and  after- 
wards for  siv  years  in  Stockton.  In  1868  he  was 
sent  to  Gilroy,  where  Daniel  attended  school.  After 
a  four  years'  residence  here,  his  father  returned  to 
MarysviUe,  when  he  was  appointed  Indian  agent  at 
Round  Valley.  In  1872  the  family  removed  to  Oak- 
land, in  order  to  afford  the  children  better  educational 
advantages.  After  passing  through  the  schools  of 
Oakland,  Daniel  went  up  to  the  reservation,  where  he 
taught  school  and  studied  law.  In  1879  and  1880  he 
studied  law  in  the  office  of  Henley  &  Johnson,  of 
Santa  Rosa,  the  senior  member  of  that  firm  being 
Hon.  Barclay  Henley,  late  member  of  Congress  from 
First  District.  Mr.  Johnson  is  now  attorney-general 
for  the  State. 

Mr.  Burchard  was  admitted  to  the  Bar  nine  days 
only  after  attaining  his  majority,  and  first  "hung  out 
his  shingle  "  in  Washington  Territory.  He  remained 
there  but  a  short  time,  when  he  returned  to  California, 
and  for  three  years  practiced  law  in  Hollister,  serving 
one  year  as  city  attorney.  Removing  to  San  Jose, 
he  entered  into  partnership  with  Moore  &  Moore,  and 

on  the  election  of  Howell  Moore  to  the  office  of  dis- 
trict attorney  he  was  appointed  deputy. 

Mr.  Burchard  is  a  hard  worker,  as  can  be  gathered 
from  the  fact  that  he  has  appeared  in  fifteen  hundred 
cases  since  he  began  practice,  six  hundred  of  them 
being  criminal  cases.  It  is  noteworthy,  also,  that,  al- 
though so  young  a  man,  he  has  been  connected  with 
many  cases  involving  heavy  interests.  Among  these 
may  be  noted  the  congressional  election  contest  of 
Sullivan  versus  Felton;  the  senatorial  contest  of  Ry- 
land  versus  Conklin;  a  number  of  homicide  criminal 
cases  in  which  the  final  penalty  was  inflicted,  and 

On  March  6,  1881,  Mr.  Burchard  was  married 
to  Miss  Cora,  the  eldest  daughter  of  Hon.  Rush  Mc- 
Comas,  the  county  treasurer.  They  have  four  chil- 
dren: Marcie,  Mary,  Ernest,  and  Ethel. 

Mr.  Burchard's  family  is  of  Scotch  and  German 
extraction,  and  is  fully  represented  in  professional 
and  intellectual  pursuits.  His  father  is  a  thoroughly 
self-made  man,  educating  himself  for  the  ministry  by 
his  own  efforts,  and  passing  his  life  in  the  service  of 
the  Methodist  Episcopal  Church.  His  mother  is  a 
native  of  Virginia,  a  descendant  of  the  pioneers  who 
first  settled  that  State.  His  only  brother  is  Dr.  L. 
S.  Burchard,  of  Oakland,  and  his  only  sister  is  the 
wife  of  C.  H.  Twombly,  the  San  Francisco  capitalist. 

James  H.  Campbell,  a  prominent  lawyer  and 
former  district  attorney  of  Santa  Clara  County,  was 
born  in  Andover,  Massachusetts,  in  1850.  He  came 
to  Nevada  County,  California,  in  1859,  where  he  re- 
mained until  1867,  since  which  time  he  has  resided  in 
San  Francisco  and  in  Santa  Clara  County.  In  1871 
he  graduated  from  the  famous  Santa  Clara  College, 
and  in  1872  commenced  the  study  of  law,  and  was  ad- 
mitted to  the  Bar  in  1874.  In  the  same  year  he  was 
appointed  to  the  office  of  assistant  district  attorney 
of  Santa  Clara  County,  in  which  position  he  continued 
until  1876.  In  1879  he  was  elected  district  attorney, 
and  remained  in  office  until  1885.  He  was  twice 
elected  to  that  office,  and,  owing  to  the  effect  of  the 
new  constitution,  then  recently  adopted,  remained  in 
office,  by  virtue  of  his  first  election,  for  nearly  three 
years.  Since  1885  he  has  been  engaged  in  the  gen- 
eral practice  of  his  profession  in  San  Jose,  and  occu- 
pies a  prominent  position  among  the  members  of  the 
Bar  of  Santa  Clara  County. 

In  1878  Mr.  Campbell  was  married  to  Miss  Mary 
Faulkner,  a  native  of  Massachusetts,  her  parents,  John 
F.  and  Ann    Faulkner,  having  come  to  California  in 



the  early  days.     Of  this  union   there   are   three   chil- 
dren: Argyll,  Maud,  and  Irene. 

During  Mr.  Campbell's  incumbency  of  the  office 
of  district  attorney,  he  conducted  many  important 
murder  trials,  including  those  of  Majors,  Jewell,  and 
Showers,  for  the  murder  of  William  Renowden  and 
Archibald  Mclntyre,  near  Los  Gatos.  These  pris- 
oners were  all  convicted,  Majors  and  Jewell  being 
hanged,  and  Showers  sentenced  to  imprisonment  for 
life.  A  peculiarity  of  Majors'  trial  was  that  he  was 
first  convicted  and  sentenced  to  imprisonment  for  life 
for  the  murder  of  Renowden,  and,  while  serving  this 
sentence,  a  second  prosecution  was  instituted  for  the 
murder  of  Mclntyre,  for  which  crime  he  was  convicted 
and  hanged.  As  a  matter  of  courtesy,  Mr.  Campbell 
followed  the  case,  which  was  transferred  to  Alameda 
County,  on  a  change  of  venue,  and  prosecuted  it  there. 
He  was  also  instrumental  in  the  conviction  of  Wasi- 
lewsky,  in  Santa  Clara  County,  for  the  murder  of  his 
former  wife  in  Los  Gatos,  the  prisoner  being  hanged. 
This  case  was  remarkable  for  the  discovery  of  the 
criminal  and  his  conviction  when  every  clue  seemed 
to  have  vanished.  In  political  principles  Mr.  Camp- 
bell is  a  Democrat. 

Hon.  Albert  W.  Crandall  was  born  in  the  town 
of  Gaines,  Orleans  County,  Western  New  York,  in 
1835.  His  parents,  John  L.  and  Hannah  (Brown) 
Crandall,  moved  into  that  State  in  iSi4or  181 5,  when 
it  was  still  a  wilderness,  and  carved  out  there  a  home 
for  themselves.  Mr.  Crandall  attended  the  Albion 
Academy  at  Albion,  the  county  seat,  spending  several 
years  there  preparing  for  college.  He  entered  the 
University  of  Rochester,  and  graduated  with  honors  in 
the  class  of  1862.  Among  his  classmates  at  the  uni- 
versity was  Albion  W.  Tourgee,  the  author  of  the  well- 
known  "Fool's  Errand." 

During  the  time  Mr.  Crandall  was  preparing  for 
college  he  taught  school  for  several  terms,  being  at  one 
time  principal  of  one  of  the  public  schools  of  the  city 
of  Buffalo.  After  graduating  he  studied  law  in  Albion, 
with  the  legal  firm  of  Church  &  Sawyer.  Mr.  Church 
was  afterwards  the  chief  judge  of  the  Court  of  Ap- 
peals of  New  York  State.  Mr.  Crandall  was  admitted 
to  the  Bar  in  1863,  and  until  1878  practiced  law  in 
Albion.  In  that  year  he  came  to  California,  stopped 
at  San  Jose,  and  went  on  to  Los  Angeles,  where  he  re- 
mained until  in  1880  ;  he  returned  to  San  Jose,  and  has 
resided  here  since  that  time,  enjoying  a  large  practice. 
In  Albion  Mr.  Crandall  had  built  up  a  profitable  and 
enlarging  practice,  but  ill  health  compelled  his  re- 

moval  to  this  State,  preferring  to  sacrifice  his  pro- 
fessional interests  there  rather  than  to  jeopardize  his 
health.  During  his  residence  in  Los  Angeles  he  lived 
an  almost  out-of-door  life,  riding  and  driving  about 
the  country  until  his  health  was  perfectly  restored, 
finding  this  particular  life  an  incentive  to  remaining 
there  for  a  time. 

In  1880,  having  completely  recovered  his  health  and 
strength,  he  returned  to  San  Jose,  and  has  since  en- 
gaged actively  in  the  practice  of  his  profession,  and 
having  also  a  fondness  for  outside  and  open-air  em- 
ployments, he  purchased,  with  Mr.  Gaines,  an  eighty- 
acre  ranch,  which  is  mostly  planted  to  vines.  This  is 
situated  on  the  Branham  road,  just  west  of  the  Ala- 
meda road,  near  the  Five  Mile  House.  The  vines  com- 
prise both  wine  and  table  grapes.  The  latter  have 
always  paid  w  ell,  while  the  former,  which  are  mostly 
made  into  dry  wines  (red  and  white),  are  also  on  a 
satisfactory  paying  basis. 

Mr.  Crandall  married  Miss  Maria  Pettingill,  of  Mon- 
roe County,  New  York,  in  1863.  Her  parents,  Reuben 
and  Clarissa  (Green)  Pettingill,  were  natives  of  New 
Hampshire,  moving  into  New  York  State  about  1816. 
Mr.  Pettingill  was  well  known  as  "Deacon  Pettingill," 
having  for  more  than  forty  years  been  prominently 
connected  with  the  Baptist  Church  at  Ogden,  New 
York.  There  is  only  one  child  from  this  union,  namely, 
Albertine,  born  in  1865,  now  living  with  her  parents  in 
San  Jose. 

Mr.  Crandall  is  a  member  of  Friendship  Lodge,  No. 
210,  of  the  Masons  of  San  Jose.  He  is  a  Republican 
in  politics,  and  earnestly  in  favor  of  a  high  protective 
tariff.  He  was  chairman  of  the  Central  Committee  of 
this  county  during  the  campaign  of  1884,  and  is  now 
senator  for  the  Thirty-first  Senatorial  District  of  Cal- 
ifornia, having  been  elected  by  a  triumphant  majority. 
It  should  also  be  stated  that  Mr.  Crandall  was  chair- 
man of  the  County  Central  Committee  of  the  Repub- 
lican party  in  his  county  in  New  York  State,  during 
several  political  campaigns,  and  also  held  several  civil 
offices  while  there,  being  collector  of  tolls  on  the  Erie 
Canal  for  two  terms,  clerk  of  the  Board  of  Supervisors, 
clerk  of  the  Probate  Court,  and  was  once  nominated 
for  district  attorney,  but  declined. 

Nicholas  Bowden,  attorney  at  law,  of  the  firm  of 
Archer  &  Bowden,  rooms  i,  2  and  3  Archer  Building, 
San,  was  born  in  the  County  Kilkenny,  Ireland, 
in  1851.  In  1S53  his  parents  removed  to  America, 
settling  in  Cooperstown,  Otsego  County,  New  York, 
where  he  attended  the  public  schools  up  to  the  age  of 


fifteen  years.  He  then  entered  a  general  merchandise 
store,  the  largest  in  that  county,  going  through  all  the 
gradations  from  errand  boy  to  head  salesman  and  as- 
sistant bookkeeper,  for  four  years.  In  1869  he  came 
West,  and,  after  a  short  residence  in  St.  Louis,  Mis- 
souri, located  at  Evansville,  Indiana.  Here  he  re- 
mained seven  years,  engaging  first  as  bookkeeper  in  a 
mercantile  esiablishment.  In  1874  he  took  charge  of 
the  Evansville  Daily  and  Weekly  Courier,  one  of  the 
principal  Democratic  newspapers  in  the  State  of  In- 
diana. This  paper  he  successfully  managed  for  three 
years,  always  taking  an  active  interest  in  politics,  al- 
though never  accepting  nomination  or  appointment  to 
office.  He  was  a  member  of  the  State  Convention 
which  nominated  "Blue  Jean"  Williams  for  the  gov- 
ernorship of  Indiana  in  the  campaign  of  1876,  which 
ticket,  as  well  as  the  national  Democratic  ticket,  were 
successful  in  that  State  after  a  very  exciting  campaign. 
He  was  one  of  the  Democrats  who  went  South  to 
watch  the  visiting  statesmen,  as  the  gentlemen  of  both 
parties  were  called  who  went  to  Louisiana  in  that 
year  to  watch  the  returning  Board,  and  see  that  each 
received  a  fair  count  of  the  votes  cast.  He  was  also 
endeavoring  to  recuperate  his  health,  which  had  be- 
come impaired  by  too  close  attention  to  business. 
Returning  to  Evansville  in  March,  1877,  and  having 
another  attack  of  typhoid  pneumonia,  he  resigned  his 
newspaper  management,  intending  to  pass  a  year  in 
California.  Finding  his  health  improved,  and  liking 
the  climate  and  people,  he  decided  to  remain. 

In  the  fall  of  1877  he  took  the  management  of  the 
San  Jose  Daily  Herald,  which  he  retained  until  June, 
1880.  While  the  current  of  events  had  up  to  this  time 
kept  him  in  other  business  channels,  his  inclinations 
and  ambitions  had  always  tended  towards  the  study  of 
law,  which  he  engaged  in  regularly  in  the  fall  of  1880, 
in  the  office  of  Archer  &  Lovell,  for  two  years.  In 
the  fall  of  1882  he  was  admitted  to  practice  by  the 
Supreme  Court  en  banc,  after  the  usual  examination, 
and  became  a  law  partner  of  Judge  Lawrence  Archer, 
in  the  place  of  Mr.  Lovell,  who  had  retired,  this  asso- 
ciation continuing  to  this  time.  He  was  married  on 
October  4,  1 883 ,  to  Miss  Sallie  Trimble,  a  native  of  San 
Jose,  the  eldest  daughter  of  John  Trimble,  lately  de- 
ceased, one  of  the  early  pioneers  of  California  and  a 
veteran  of  the  Mexican  War.  They  have  one  child, 
Lawrence  Archer  Bowden,  now  about  one  year  old. 

Mr.  Bowden  has  always  been  actively  and  earnestly 
interested  in  the  political  questions  of  the  day,  and 
while  not  devoting  time  belonging  to  his  profession,  to 
active  politics,  he  has  always  given  a  warm  support 

to  the  Democratic  party,  and  has  been  prominent  in 
its  councils.  In  recognition  of  his  position  and  dis- 
interested party  service,  he  has  been  nominated  by  the 
Democratic  State  Convention,  recently  held  at  Los 
Angeles,  as  one  of  the  Cleveland  and  Thurman  pres- 
idential electors  for  California. 

Bainbridge  L.  Ryder,  attorney  at  law,  is  one  of 
the  rising  and  successful  young  lawyers  of  the  Pacific 
Coast.  He  was  born  in  the  town  of  Natick,  Massachu- 
setts, twenty-seven  years  ago.  Mr.  Ryder  came  to 
California  for  his  health,  arriving  in  the  early  part  of 
January,  1882.  On  recuperating  he  employed  his  spare 
hours  in  reading  law,  and,  later,  entered  the  law  office 
of  Hon.  T.  H.  Lane  as  a  student,  and  was  admitted 
to  the  Bar  in  February,  1885.  In  May,  1888,  he  was 
appointed  court  commissioner  of  the  Superior  Court 
of  Santa  Clara  County.  He  is  one  of  three  attor- 
neys of  the  city  who  are  recommended  in  the  last 
"Bankers'  Direatory,"  by  the  bankers  of  San  Jose, 
as  competent  and  trustworthy  attorneys  to  attend 
to  legal  business  from  abroad.  Mr.  Ryder  was  the 
instigator  and  prime  mover  in  organizing  the  San 
Jose  Board  of  Trade,  which  is  now  a  large  and  thrifty 
body,  composed  of  about  all  of  the  leading  men  of 
the  city,  with  a  membership  numbering  more  than  two 
hundred.  By  his  experience  in  the  practice  of  com- 
mercial law  he  was  brought  in  contact  with  such 
bodies  in  other  cities,  and  deemed  such  an  organi- 
zation of  vital  importance  to  this  city  and  county. 
Mr.  Ryder  is  interested  in  the  Reed  Gulch  and 
Golconda  Extension  mines,  and  owns  one  hundred 
and  sixty  acres  of  land,  twenty-one  miles  south  of 
San  Jose,  which  he  intends  planting  to  orchard.  He 
is  also  a  member  of  the  Ryder  Shingle  Company, 
owning  a  shingle  mill  in  the  Santa  Cruz  Mountains, 
situated  about  twenty-five  miles  from   San  Jose. 

M.  H.  HVLAND,  attorney  at  law,  residing  at  No- 
132  North  Fourth  Street,  San  Jose,  is  a  most  pleasing 
example  of  what  might  be  termed  a  pre-eminently 
self-made  man.  Courteous  in  his  home,  frank  and 
affable  in  iiis  conversation  and  intercourse  with  his 
fellow-man,  he  is  withal  a  clear-headed  and  successful 
business  man,  an  able  attorney,  and  a  politician 
honored  in  the  councils  of  his  party.  Born  in  Bos- 
ton, Massachusetts,  in  1852,  he  was,  by  the  death  of 
his  parents,  Thomas  and  Jane  (Leighton)  Hyland, 
thrown  upon  his  own  resources  at  a  very  tender  age. 
Leaving  Boston  at  the  age  of  nine  years,  he  went  to 
New    Hampshire,  where    he    worked  on   farms,  and 


later  in  Massachusetts  for  about  six  years.  During 
that  time  he  worked  in  Boston  for  about  one  year. 
In  1869  he  came  to  California,  remaining  in  San 
Francisco  for  a  few  months,  when  he  came  to  San 
Jose,  where  he  has  remained  almost  constantly  since 
that  time.  His  first  employment  here  was  in  a  plan- 
ing mill,  where  he  continued  for  about  two  years, 
gathering  together  sufficient  capital  to  establish  him- 
self in  the  poultry,  fish,  and  game  business.  In  this 
business  he  continued  until  1882,  making  a  fair  finan- 
cial success  In  January,  1883,  he  accepted  the  posi- 
tion of  chief  deputy  in  the  county  clerk's  office,  hold- 
ing that  position  for  two  years,  during  which  time  he 
devoted  his  spare  hours  to  the  study  of  law.  During 
all  these  years  of  labor  and  gradual  advancement  in 
life,  Mr.  Hyland  had  been  studying  privately  and  im- 
proving his  mind,  gathering  together  the  elements  of 
a  self-acquired  education.  In  January,  1885,  he  was 
admitted  to  the  Bar  by  the  Supreme  Court  of  the 
State.  He  has  since  that  time  been  engaged  in  the 
practice  of  law  and  in  looking  after  his  varied  in- 

He  was  married,  in  1878,  to  Miss  Annie  E.  Jami- 
son, a  native  of  Clay  County,  Missouri,  her  parents 
having  moved  to  that  State  from  Kentucky.  In 
1864  they  came  to  California,  crossing  the  plains  in 
the  regulation  ox-team  wagons. 

Mr.  Hyland  is  a  member  of  San  Jose  Lodge,  No. 
34, 1.  O.  O.  F.,  and  is  secretary  of  that  Lodge.  He 
is  also  secretary  of  the  Odd  Fellows'  Hall  Association. 
He  is  a  member  of  the  Democratic  party  and  secre- 
tary of  the  Democratic  County  Committee. 

Samuel  Alphonso  Barker  was  born  in  Kenne- 
bec County,  Maine,  July  26,  1833.  His  paternal  an- 
cestors were  English,  and  those  on  his  mother's  side 
were  Scotch.  His  family  is  one  of  the  oldest  in  the 
country,  his  people  having  come  to  America  about 
seven  years  after  the  Mayflozver.  The  family  in 
this  country  is  descended  from  two  brothers,  Noah 
and  Carr  Barker,  the  latter  being  the  ancestor  of  the 
subject  of  this  sketch.  His  descendants  settled  in 
Maine,  while  it  was  still  a  part  of  the  province  of 
Massachusetts.  Mr.  Barker's  maternal  ancestors  were 
also  early  in  America.  His  mother's  father  was  a 
Revolutionary  soldier,  and  it  was  while  on  the  march 
to  Canada,  under  Arnold,  that  he  selected  the  tract  of 
land  upon  which  he  afterwards  settled.  This  tract 
was  afterwards  a  part  of  the  city  of  Hallowell.  He 
engaged  in  ship-building  for  a  few  years,  and  then 
removed  to  the  neighboorhood  of  Reedville,  where  he 

purchased  a  farm  and  devoted  himself  to  agricultural 
pursuits.  This  farm  is  still  in  possession  of  his  de- 
scendants. The  subject  of  this  sketch  was  educated  in 
his  native  State,  and,  in  1S54,  commenced  the  study 
of  law  in  the  office  of  Judge  Josiah  H.  Drummond, 
who  has  since  been  attorney-general  of  the  State. 
In  1857  Mr.  Barker  was  admitted  to  the  Bar  of  the 
Supreme  Court  of  the  State  of  Maine.  He  practiced 
his  profession  successfully  for  ten  years  in  his  native 
State,  and  in  1867  came  to  California,  being  attracted 
hither  by  a  desire  to  renew  his  health,  which  too  close 
application  to  business  had  impaired.  He  had  chosen 
Santa  Clara  County  for  his  residence  and  came  di- 
rectly to  San  Jose. 

He  here  resumed  the  practice  of  his  profession, 
selecting  the  department  of  counselor  rather  than 
that  of  advocate.  He  has  confined  himself  as  nearly 
as  possible  to  probate  and  commercial  cases  and  cases 
involving  the  title  to  lands.  His  sound  judgment 
and  knowledge  of  the  law,  especially  in  the  depart- 
ments which  he  had  selected  for  his  specialties, 
brought  him  a  large  and  lucrative  practice.  '  The  ac- 
curacy of  his  opinions  in  regard  to  the  investment  of 
capital  attracted  to  him  many  clients,  who  have  trusted 
implicitly  to  his  judgment  and  his  integrity,  and  have 
never  had  occasion  to  regret  their  confidence.  In 
all  questions  touching  estates  of  deceased  persons  and 
the  laws  affecting  real-estate  titles,  Mr.  Barker  is  con- 
sidered an  authority.  He  is  a  member  of  the  Bar  of 
the  Supreme  Court  of  the  State  and  of  the  United 
States  District  Court.  He  is  att  rney  for  the  Board 
of  Trade  of  San  Jose,  and  of  the  Garden  City  Sav- 
ings Union.  He  was  married,  April  S,  1858,  to 
Sarah  E.  Parshley,  of  Maine,  and  has  three  children: 
Charles  A.,  now  assistant  manager  of  the  San  Fran- 
cisco Lumber  Company;  Frank  P.,  deputy  recorder 
and  auditor  of  Santa  Clara  County,  and  Alfred,  now 
a  .student  at  the  California  Military  Academy,  at 

Frank  M.  Pfister. — This  gentleman,  the  son  of 
Adolph  Pfister,  was  born  in  San  Jose  in  1851.  In 
early  youth  he  attended  the  public  schools,  and  the 
Gates  Institute,  then  the  Santa  Clara  College,  for  two 
years,  after  which  he  was  three  years  at  the  Univer- 
sity at  Ann  Arbor,  Michigan,  from  which  institute  he 
graduated  as  an  attorney  at  law,  in  1874.  After  his 
graduation  Mr.  Pfister  returned  to  San  Jose  and  con- 
tinued his  studies  of  the  statutes  of  California  for  a 
season,  after  which  he  went  to  Inyo  County  and  com- 
menced the  practice  of  law,  remaining  there  during  a 



part  of  the  years  1875-76.  He  then  returned  to  San 
Jose  and  formed  a  co-partnership  with  J.  J.  Burt,  in 
the  practice  of  law,  later  drifting  into  the  manufact- 
ure of  lime,  of  which  work  Mr.  Burt  took  especial 
charge,  while  Mr.  Pfister  became  drawn  into  political 
life,  being  elected  county  treasurer  in  1882.  He 
remained  in  this  office  for  the  term  of  two  years. 
Then,  not  wishing  re-nomination  to  a  position  of 
such  undue  responsibility  for  the  amount  of  recom- 
pense, he  became  a  candidate  for  the  office  of  city 
justice  of  San  Jose,  being  elected  in  18S4.  That 
office  he  held  for  two  years,  then  became  justice  for 
San  Jose  township,  which  position  he  now  holds. 

Judge  Pfister  is  yet  interested  with  Mr.  Burt  in 
lime  works  in  Santa  Clara  County,  near  the  Guada- 
loupe  mines.  These  works  are  of  a  capacity  of  one 
hundred  and  forty  barrels  per  day.  There  are  also 
works  in  San  Benito  County,  near  Tres  Pinos,  of  a 
smaller  capacity. 

Judge  Pfister  has  always  been  identified  with  the 
Democratic  party.  He  is  a  member  of  the  San  Jose 
Parlor,  N.  S.  G.  W. 

Judge  Joseph  Basil  Lamar  is  a  descendant  of 
old  Huguenot  ancestors,  who  settled  in  Charleston, 
South  Carolina,  in  colonial  days.  Both  his  grand- 
sires — Lamar  and  Winn — were  soldiers  in  the  War  of 
the  Revolution.  The  Judge  has  a  highly  prized  relic 
of  those  times, — a  gold  watch  which  strikes  the  time, 
which  his  grandfather  Winn  carried  during  that  war, 
and  was  on  his  person  when  he  was  taken  prisoner  by 
Lord  Cornwallis  at  Camden,  South  Carolina. 

Judge  Lamar  was  born  in  Georgia  in  1827,  edu- 
cated and  reared  in  his  native  State,  and  studied  law 
and  was  admitted  to  the  Bar  before  he  was  twenty-one 
years  of  age,  by  special  act  of  the  Legislature.  After 
practicing  a  short  time  he  came  to  California.  Start- 
ing from  home  in  company  with  five  other  young 
men,  they  halted  at  New  Orleans,  where  they  met 
Gen.  Mirabeau  B.  Lamar,  second  president  of  the 
republic  of  Texas,  and  relative  of  the  Judge — who 
advised  the  party  to  make  the  trip  through  Mexico. 
And,  furnished  with  letters  of  introduction  to  prom- 
inent persons  at  the  principal  cities,  and  a  good  stock 
of  information  and  advice  from  him,  they  crossed  the 
gulf  to  Vera  Cruz,  and  made  the  trip  overland,  visit- 
ing the  city  of  Mexico  and  other  points-  of  interest, 
and  consuming  three  months  en  route.  Embarking 
at  Mazatlan,  they  sailed  for  San  Francisco,  where 
they    arrived   April   24,    1849.     Mr.    Lamar    and   his 

companions,  like  most  of  the  immigrants  of  that  day, 
were  gold  seekers  and  went  into  the  mines. 

Mr.  Lamar  settled  in  Mendocino  County  in  1854. 
In  1858  he  was  elected  to  the  Legislature  from 
Sonoma  County.  While  serving  in  that  body  the  fol- 
lowing year,  Mr.  Lamar  prepared  and  introduced  the 
bill  organizing  Mendocino  County;  and  in  i860  he 
was  elected  to  represent  the  new  county  in  the  Leg- 
islature. In  1866  he  was  elected  county  judge  of 
Mendocino  County;  he  served  one  term — four  years — 
and  then  resumed  his  law  practice,  in  which  he  has 
been  engaged  ever  since.  In  1876  he  was  appointed 
attorney  for  the  Board  of  State  Harbor  Commissioners, 
and  held  that  position  four  years.  In  1883  he  set- 
tled in  San  Jose,  where  he  has  ever  since  been  en- 
gaged in  the  practice  of  his  profession. 

Wm.  p.  Veuve,  one  of  the  junior  members  of  the 
Bar  of  San  Jose,  was  born  in  that  city  on  the  twenty- 
eighth  day  of  March,  1853,  under  the  shadow  of  the 
old  juzgado,  or  town  hall,  in  which  the  ayuntamiento, 
or  town  council,  held  its  sessions  in  the  days  when, 
under  Spanish  and  Mexican  rule,  the  city  was  a 
pueblo,  known  as  San  Jose  de  Guadalupe.  Located 
in  the  center  of  the  plaza,  or  square,  the  adobe  houses 
of  the  pobladores,  or  founders  of  the  pueblo,  faced  the 
juzgado  from  the  four  sides  of  the  plaza.  In  one  of 
these  primitive  dwellings,  the  residence  of  Donna 
Juana  Pacheco,  the  subject  of  this  sketch  first  saw  the 
light  of  day.  The  exterior  of  Donna  Pacheco's  adobe 
house  might  not  have  indicated  that  it  was  the  abode 
of  opulence,  yet  the  owner  was  the  widow  of  a  poblador 
whose  lands  were  measured  by  leagues,  and  whose 
cattle  were  numbered  by  hundreds. 

The  hospitality  of  the  native  Californians  was 
proverbial,  but  at  no  hacienda  in  the  land  was  there  a 
warmer  welcome  for  stranger  or  friend  than  at  the 
casa  of  this  good  old  lady.  Dead  these  many  years, 
may  she  have  found  the  "ever-during"  gates  of 
Heaven  as  widely  open  as  were  always  the  doors  of 
her  humble  abode  on  Market  Street,  in  the  pueblo  of 
San  Jose. 

Mr.  Veuve's  father,  Eugene  L.  Veuve,  is  a  native 
of  Chaux-de-Fonds,  Switzerland,  of  Huguenot  ances- 
try, and  came  to  America  in  1845,  landing  at  Mobile, 
Alabama,  where,  after  a  brief  sojourn,  he  went  to  New 
Orleans,  and  from  there,  in  1849,  made  the  overland 
journey  to  California,  through  New  Mexico  and  Ari- 
zona, in  an  emigrant  train.  Escaping  the  perils  of 
"field  and  flood"  and  Indians,  he  reached  Los  Angeles 


in  the  winter  of  '49.  He  remained  there  about  six 
months,  and  then  joined  the  tide  of  travel  setting 
northward  to  the  mines,  arriving  in  San  Jose  in  the 
spring  of  '50.  Here,  struck  with  the  natural  advan- 
tages of  the  place,  he  decided  to  locate  for  the  prac- 
tice of  his  trade,  that  of  watchmaker  and  jeweler,  and 
at  once  opened  a  shop  on  Market  Street,  near  the  old 
juzgado.  Mr.  Jackson  Lewis  arrived  in  San  Jose 
about  this  time,  and  he  and  the  elder  Mr.  Veuve  are 
the  pioneer  watchmakers  of  the  city. 

Mr.  E.  L.  Veuve's  wife,  and  the  mother  of  Wm.  P. 
Veuve,  was  born  in  the  County  Kildare,  Ireland,  and 
went  to  Chili,  South  America,  when  a  young  girl. 
Her  maiden  name  was  Eleanor  Nugent.  Upon  the 
discovery  of  gold  in  California,  the  exodus  from  Chili 
to  the  New  El  Dorado  bore  her  thither,  with  many 
other  pioneer  residents  of  all  parts  of  the  State.  Her 
husband  (she  had  married  a  Mr.  Pettit)  had  left  Chili 
in  a  sailing  vessel  with  all  his  worldly  possessions,  and 
she  was  to  follow  afterward  by  steamer  and  join  him 
in  San  Francisco.  But  one  disaster  after  another 
overtook  him.  He  was  shipwrecked  off  the  coast  of 
Mexico,  and  lost  a  valuable  stock  of  goods  that  was  a 
part  of  the  ship's  cargo.  He  was  taken  down  with 
fever,  and,  while  lying  sick  and  helpless  in  a  strange 
land,  was  robbed  of  his  money.  But  after  many 
hardships  he  reached  San  Jose,  whither  his  wife  had 
gone,  but  only  to  be  stricken  with  cholera,  of  which 
terrible  scourge  he  died. 

Mr.  Wm.  P.  Veuve's  parents  were  married  in  San 
Jose,  in  1852,  and  have  ever  since  then  resided  here. 
Their  old  homestead,  facing  Market  Plaza,  was  built 
about  the  year  1854,  and  is  one  of  the  ancient  land- 
marks in  that  part  of  the  city.  About  this  time  there 
was  established  a  public  school  in  a  rude  building  on 
the  plaza,  and  a  Mr.  Erie  presided  over  its  destinies. 
To  this  school  went  the  subject  of  this  sketch  when 
but  a  child,  accompanying  his  elder  half-brother,  who 
was  a  regular  attendant  at  its  exercises.  The  school 
was  afterwards  transferred  to  quarters  on  Washing- 
ton Square,  Mr.  Erie  continuing  to  be  its  principal 
teacher.  Under  this  pioneer  school-master  of  San 
Jose  it  was  not  a  case  of  Spare  the  rod  and  spoil 
the  child,  for  he  was  an  exponent  of  what  might  be 
termed  muscular  tuition.  Young  Veuve  continued 
to  attend  the  public  schools  of  his  native  city  until 
1868,  when  he  entered  Santa  Clara  College,  from 
which   institution   he   was    graduated   in    1874.      His 

studies  there  were  not,  however,  continuous,  for  they 
were  interrupted  by  a  two  years'  engagement  with 
the  firm  of  Auzerais  Brothers,  as  their  book-keeper. 
After  receiving  his  degree  in  the  classical  course,  but 
not  immediately,  Mr.  Veuve  commenced  the  study  of 
the  law  in  the  office  of  Thos.  H.  Bodley,  Esq.,  an  old 
and  well-known  practitioner  at  the  Bar.  In  April, 
1877,  he  was  duly  licensed  to  practice  by  the  Supreme 
Court  of  the  State,  and  from  that  time  he  has  de- 
voted himself  to  his  chosen  profession,  practicing  at 
the  Bar  or  presiding  on  the  Bench. 

At  the  general  election  of  1880  he  was  elected  city 
justice  and  police  judge,  being  one  of  only  two  suc- 
cessful candidates  on  the  Democratic  ticket.  In  1882 
he  was  re-elected  to  the  same  office.  Mr.  Veuve  was 
the  first  incumbent  of  this  office,  and  in  the  beginning 
of  his  first  term  experienced  considerable  difficulty  in 
administering  its  jurisdiction,  owing  to  defects  in  the 
law  creating  it.  The  Legislature,  however,  at  the 
suggestion  of  Mr.  Veuve,  passed  a  remedial  measure, 
and  thereafter  no  trouble  was  encountered.  In  1884, 
having  received  superior  inducements  from  friends  in 
the  county  of  San  Luis  Obispo,  he  resigned  his  office 
and  took  up  his  residence  there.  The  ties,  however, 
which  bound  him  to  his  native  city  were  so  strong 
that,  after  an  absence  of  about  two  years,  he  returned 
to  San  Jose,  where  he  has  since  continued  to  practice 
law,  with  ever-increasing  success. 

In  1 88 1  Mr.  Veuve  married  Miss  Jennie  Wilson, 
and  a  little  girl,  named  Vida,  is  the  result  of  their 

He  has  a  half-brother,  H.  H.  Veuve,  who  is  of  the 
firm  of  A.  Vignier  &  Company,  French  importers, 
San  Francisco,  and  a  younger  full  brother,  A.  L. 
Veuve,  who  was  for  a  long  time  manager  of  the  Pa- 
cific Manufacturing  Company,  at  Santa  Clara,  and 
who  is  now  engaged  in  managing  the  affairs  of  the 
Shasta  Lumber  Company,  in  Shasta  County. 

Mrs.  Mary  C.  Hoffman,  widow  of  the  late  Herman 
Hoffman,  is  a  half-sister  of  Mr.  Veuve,  whose  parents, 
still  living,  hale  and  hearty  in  their  old  age,  reside 
with  her  on  Guadalupe  Street,  in  San  Jose. 

In  politics  Mr.  Veuve  is  a  Democrat,  active  and 
prominent  in  his  party's  councils. 

He  is  a  member  of  Los  Gatos  Parlor,  No.  126,  N. 
S.  G.  W.,  and  takes  great  interest  in  the  success  of 
this  distinctively  Californian  Order. 

8-T^FiEi   f>:r.ei©^. 

THE  first  newspaper  published  in  Santa  Clara 
County  was  issued  in  1850,  by  James  B.  Devoe. 
It  was  called  the  State  Journal,  and  was  discontinued 
on  the  adjournment  of  the  Legislature,  in  1851. 

In  January,  1851,  the  San  Jose  Daily  Argus  was 
published  during  the  senatorial  campaign.  It  was  in 
the  interest  of  John  C.  Fremont. 

San  Jose  Weekly  Visitor.  This  was  the  first  per- 
manent newspaper  in  San  Jose.  It  was  commenced 
June  20,  185 1,  by  Emerson,  Damon  &  Jones.  At 
first  it  was  Whig,  but  in  October  it  changed  over 
to  the  Democracy.  In  August,  1852,  its  name  was 
changed  to  the 

Register,  and  was  published  by  T.  C.  Emerson 
and  Givens  George,  with  F.  B.  Murdoch  as  editor. 
In  1853,  Murdoch  having  obtained  control  of  the 
Register,  its  name  was  changed  to  the 

San  Jose  Telegraph.  In  i860  the  Telegraph  went 
into  the  hands  of  W.  N.  Slocum,  and  in  1861  it  was 
changed  to  the 

San  Jose  Weekly  Mercury,  with  J.  J.  Owen  and  B. 
H.  Cottle  as  proprietors.  In  November  of  that  year 

Daily  Mercury  was  started  in  connection  with  the 
Weekly,  but  was  discontinued  in  1862.  In  1869  J.  J. 
Conmy  came  into  the  firm,  and  in  August  of  that 
year  the  publication  of  the  Daily  was  resumed,  but 
discontinued  in  1870.  Mr.  Conmy  retired  from  the 
firm  this  year.  In  1871  Cottle  sold  out  his  interest 
to  Owen.  In  1872  Owen,  having  purchased  the 
Daily  Guide,  again  resumed  the  publication  of  the 
Daily  Mercury  in  connection  with  the  Weekly.  Soon 
after,  Cottle  again  bought  a  half  interest  in  both 
papers,  but  again  sold  to  Owen,  in  1874.  In  1877 
it  was  incorporated  under  the  style  of  the  Mercury 
Printing  and  Publishing  Co.,  Mr.  Owen  holding  the 
majority  of  the  stock.  In  1884  he  sold  his  interest 
to  C.  M.  Shortridge,  proprietor  of  the  Daily  Times, 
and  the  name  of  the  paper  was  changed  to  the  Times- 
Mercury.  In  1885  F.  A.  Taylor  entered  into  nego- 
tiations for  the  purchase  of  the  paper,  but  the  trans- 

action  was  not  consummated.  In  the  meantime  the 
name  was  changed  back  to  the  Daily  Mercury.  At 
this  time  it  absorbed  the  Daily  Republic. 

Charles  M.  Shortridge,  the  present  editor  and 
proprietor  of  the  San  Jose  Daily  and  Weekly  Mercury^ 
was  born  at  Pleasant  Grove,  a  small  hamlet  near  Mt. 
Pleasant,  Iowa,  on  the  twenty-fourth  day  of  August, 
1857.  He  came  to  California  when  a  small  boy.  He 
first  stopped  at  Nevada  City,  where  he  worked  until 
he  had  saved  a  few  dollars,  when  he  came  to  San  Jose 
for  the  purpose  of  attending  the  public  schools,  which 
had  a  great  reputation  for  efficiency.  Not  having 
money  enough  to  support  himself  while  attending 
school,  he  hired  out  to  the  San  Jose  Gas  Company 
as  a  lamp-lighter,  for  a  salary  of  $28  per  month. 

Having  completed  his  course  at  the  public  schools 
with  honor,  he  went  to  work  in  the  office  of  the  Daily 
Mercury  as  general  utility  boy,  sweeping  out  the 
office,  running  errands,  and  doing  whatever  was  to 
be  done.  While  attending  school  he  had  selected 
journalism  as  his  future  profession,  and  determined 
to  master  the  business  in  all  its  departments.  Hav- 
ing no  money  of  his  own,  and  no  rich  relatives  to 
start  him  in  business,  he  was  obliged  to  commence 
at  the  bottom  of  the  ladder.  But  when  he  had  placed 
his  foot  on  the  first  round,  he  fixed  his  eye  on  the 
top,  and  never  rested  until  he  was  there.  While 
working  as  office  boy  he  familiarized  himself  with 
the  details  of  the  composing  room  and  press  rooms. 
He  worked  his  way  into  the  business  department, 
keeping  the  books  and  collecting  the  bills,  and  over- 
seeing the  mailing  and  subscription  department,  and 
thence  he  went  on  the  local  staff  He  continued 
with  the  Merairy  for  seven  years,  until  1883.  He 
was  then  twenty-six  years  old,  with  all  the  informa- 
tion in  regard  to  the  newspaper  business  that  he 
could  acquire  in  San  Jose,  and  determined  to  start 
for  himself  He  had  no  money,  but  was  full  of  prac- 
tical ideas  which  he  had  worked  out  while  with  the 

He   severed    his   connection  with  this  paper,  and 



went  into  the  real-estate  and  insurance  business. 
This  was  for  the  purpose  of  keeping  the  "  pot  boiling" 
until  he  could  perfect  his  plans.  Some  of  the  busi- 
ness men  and  capitalists  of  San  Jose  had  watched 
young  Shortridge's  career,  and  had  been  favorably 
impressed  with  his  talent,  pluck,  and  perseverance. 
He  had  many  offers  of  lucrative  positions,  but  he 
would  not  turn  aside  from  the  aim  of  his  life.  He 
succeeded,  after  some  time,  in  securing  financial  back- 
ing sufficient  to  purchase  the  Daily  Tifnes,  paying 
$5,500  for  it.  He  immediately  enlarged  it,  and,  at 
great  expense,  secured  the  exclusive  right  to  the 
morning  telegraphic  dispatches  for  San  Jose.  Many 
of  his  friends  looked  on  with  dismay  at  what  seemed 
to  them  to  be  the  most  reckless  extravagance,  while 
his  enemies  and  journalistic  rivals  prophesied  speedy 
bankruptcy.  But  the  young  man  was  hewing  to  the 
line  he  had  laid  down  for  a  guide  after  careful  meas- 
urement. What  seemed  to  his  friends  as  recklessness 
was,  in  fact,  the  result  of  the  soberest  kind  of  thought. 
He  was  simply  exhibiting  the  nerve  necessary  to  the 
proper  execution  of  his    plans.     This  was    in   1883. 

In  1884  he  secured  control  of  the  stock  of  t';e  Mer- 
cury Printing  and  Publishing  Co.,  and,  in  less  than 
two  years  from  the  day  he  walked  out  of  the  Mer- 
cury office  a  poor  boy,  with  scarcely  a  penny  in  his 
pocket,  he  walked  back  again  as  its  proprietor.  He 
combined  the  Times  and  Mercury,  added  new  mater 
rial  and  presses,  and  proceeded  to  make  the  new 
journal  twice  as  good  as  either  of  them  were  before. 
His  expenses  were  greatly  increased,  but  the  income 
was  in  a  much  larger  proportion.  In  1885  he  ab- 
sorbed the  Republic,  a  morning  paper  which  had  been 
started  that  year.  This  plan  of  combining  forces  is 
one  of  the  peculiarities  of  Mr.  Shortridge's  journalistic 
career.  He  wastes  no  ammunition  in  fighting  com- 
peting journals.  If  a  paper  develops  enough  im- 
portance to  become  a  rival,  he  absorbs  it;  but  unless 
it  has  this  importance  he  ignores  it. 

During  Mr.  Shortridge's  ownership  of  the  Mercury, 
more  special  editions  have  been  issued  than  during 
all  the  former  history  of  journalism  in  San  Jose. 
These  specials  run  from  sixteen  to  sixty-four  pages, 
generally  profusely  illustrated,  and  always  in  the 
interest  of  the  material  resources  of  the  county.  Mr. 
Shortridge  is  now,  1888,  thirty-one  years  of  age.  He 
is  a  ready  speaker,  a  Republican  in  politics,  devoted 
to  the  principle  of  protection  for  American  industries, 
and  a  firm  believer  in  the  future  greatness  of  the 
Santa  Clara  Valley,  the  '^  garden  of  the  world." 

The  Semi-Weekly  Tribune  was  issued  by  Givens 
George,  July  4,  1854.  In  1855  it  was  published  by 
George  &  Kendall.  In  1859  it  was  sold  to  George 
O'Dougherty.  In  1862  and  1863  it  was  suppressed 
for  eight  months  by  order  of  General  Wright.  In 
1863  it  was  purchased  by  F.  B.  Murdoch,  who  changed 
the  name  to  the 

Patriot.  The  San  Jose  Weekly  Patriot  was  started 
by  Murdoch  in  1863.  In  1865  he  commenced  the 
publication  of  the  Daily  Patriot.  In  1875  he  sold 
out  to  S.  J.  Hinds  and  J.  G.  Murdoch.  In  1876 
it  was  purchased  by  the  Murphys,  and  the  name 
changed  to  the 

San  Jose  Daily  Herald,  which  name  it  still  retains. 
In  1878  it  purchased  and  absorbed  the  San  Jose 
Argus,  the  weekly  being  called  the  Herald  Argus. 
In  October,  1884,  a  joint-stock  company  was  formed 
under  the  style  of  the  Herald  Publishing  Company, 
which  purchased  the  Herald,  and  still  conducts  it. 
The  officers  of  the  company  are:  H.  H.  Main,  presi- 
dent; W.  C.  Morrow,  secretary;  J.  F.  Thompson, 
treasurer.  Mr.  Thompson  is  editor,  Mr.  Morrow 
is  city  editor,  and  Mr.  Main  is  business  manager. 
Under  this  administration  the  Herald  has  thrived 
wonderfully  and  taken  a  high  rank  among  the  journals 
of  this  coast.  The  Herald  \^  Democratic  in  politics, 
having  changed  its  political  affiliations  when  it 
changed  its  name  from  the  Patriot. 

J.  F.  Thompson,  editor  of  the  Herald,  was  born 
in  Massachusetts,  and  is  now  fifty-one  years  of  age. 
He  entered  journalism  at  the  age  of  twenty.  He 
came  to  California  in  the  '70's,  and  was  engagrd 
on  some  of  the  leading  papers  of  the  State.  In  1878 
he  went  on  the  Herald  as  its  editor,  and  afterwards 
leased  it  from  the  Murphys  and  ran  it  successfully 
until  1884,  when  he  went  into  the  joint-stock  company 
that  purchased  it.  He  has  been  its  editor  continu- 
ously for  ten  years,  and  his  efforts  have  done  much 
towards  placing  the  paper  in  its  present  prosperous 
and  influential  position.  He  early  became  identified 
with  the  horticultural  and  viticultural  interests  of  the 
county,  and  his  opinions  on  these  subjects  are  consid- 
ered authoritative. 

W.  C.  Morrow,  city  editor  of  the  Herald,  was 
born  in  Alabama,  and  is  now  thirty-four  years  of  age. 
He  early  developed  great  literary  talent,  and,  when  a 
mere  boy,  wrote  many  things  that  provoked  favorable 
comment  from  distinguished  literary  men.  He  came 
to  San  Jose  in  1879,  and  was  immediately  engaged  as 



a  writer  on  the  Mercury.  While  engaged  in  news- 
paper work  he  wrote  several  charming  novels,  poems, 
and  short  stories  that  gave  him  high  standing  among 
the  literati  of  the  coast.  His  efforts  attracted  the 
attention  of  Eastern  publishers,  and  many  of  the  pro- 
ductions of  his  pen  found  place  in  the  columns  of 
leading  magazines  and  journals  of  the  Atlantic 
States.  When  the  Herald \V3.5  reorganized  he  became 
its  city  editor,  to  the  profit  of  the  paper  and  the  bene- 
fit of  the  community. 

H.  H.  Main,  the  business  manager  of  the  Herald, 
was  born  in  Wisconsin,  and  is  forty  years  of  age.  He 
taught  school  for  several  years  in  that  State,  and 
came  to  California  for  the  benefit  of  his  health.  For 
sanitary  reasons,  he  settled  at  Los  Gatos,  and  engaged 
in  the  lumber  and  wood  business.  In  1880  he  was 
elected  a  member  of  the  county  Board  of  Supervisors, 
and  re-elected  in  1883,  being  chosen  as  chairman  of 
the  Board  during  the  latter  term.  He  had  a  natural 
taste  for  journalism,  being  a  close  reasoner  and  a 
ready  writer.  He  was  the  projector  of  the  Los  Gatos 
Mail,  and  its  business  manager  during  the  first  years 
of  its  existence.  He  came  onto  the  Herald  when 
the  company  was  incorporated,  and  his  management 
has  steered  it  prosperously  through  the  shoals  and 
quicksands  which  have  wrecked  so  many  journalistic 
barks  in  Santa  Clara  County,  and  brought  it  to  the 
open  sea  and  prosperous  gales  of  success. 

The  Sa.n  ]ose  Daify  Re/>orter  was  started  in  i860, 
by  W.  Frank  Stewart.  It  soon  changed  to  a  weekly, 
and  was  finally  discontinued,  after  a  few  months'  exist- 

The  Daily  and  Weekly  Courier  was  started  in  1865, 
by  Geo.  O.  Tiffany,  but  lasted  only  a  few  months. 

The  Santa  Clara  Argus,  by  W.  A.  January,  com- 
menced publication  in  1866  as  a  weekly.  In  1876 
the  Daily  Argus  was  issued  and  ran  for  two  years, 
until  .sold  to  the  Herald,  in  1878. 

The  Saturday  Advertiser  began  publication  Au- 
gust II,  1866.  It  was  discontinued  February  19, 

The  Daily  Independent  was  started  May  7,  1870, 
by  a  company  of  printers.  It  was  the  first  paper  in 
San  to  receive  news  by  telegraph.  In  Decem- 
ber of  that  year  it  was  purchased  by  Norman  Porter, 
who,  in  turn,  sold  it  to  the  Guide  in  1871. 

The  Daily  Guide  was  started  by  Stockton  and 
Hansborough,  in  February,  1871.  Hansborough  sold 
out  his  interest  to  Stockton    during  the  same  year. 

Stockton  purchased  the  Independent  of  Porter  and 
absorbed  it.  In  January,  1872,  Porter  took  the 
Guide  and  sold  it  to  J.  J.  Owen,  who  merged  it  into 
the  Daily  Mercury. 

The  Daily  Press  was  published  by  J.  J.  Conmy  for 
a  few  weeks  during  1872. 

The  Reporter  was  published  by  H.  A.  De  Lacy, 
from  April  to  August,  1872. 

The  California  Agriculturist  (monthly)  was  started 
by  Brand  and  HoUoway,  in  1871.  S.  H.  Herring 
purchased  it  in  1874,  and,  after  running  it  a  few  years, 
sold  it  to  the  Rural  Press,  of  San  Francisco. 

The  Daily  Evening  Tribune  was  published  during 
the  campaign  of  1872,  by  Clevenger  and  Armstrong. 

The  Daily  Independent  Californian  was  published  by 
Herring  and  Casey  during  the  local  option  campaign 
of  1874. 

The  Daily  Garden  City  Times  was  started  by  a 
syndicate  of  printers  and  literary  men  in  1874.  It 
lasted  about  six  weeks. 

The  Daily  and  Weekly  Advertiser  was  published  by 
B.  H.  Cottle  from  May  to  December,  1875. 

The  Weekly  Balance  Sheet,  a  commercial  paper,  was 
started  by  H.  S.  Foote,  February,  1876,  and  was  sold 
the  same  year  to  the   Weekly  Argus. 

The  California  Journal  of  Education  was  run  for  a 
few  weeks,  in  1876,  by  George  Hamilton. 

The  Temperance  Clidmpion  was  published  by  A.  P. 
Murgotten,  in  1876.  It  was  discontinued  the  next 

The  Pioneer,  devoted  to  the  interests  of  the  "Men  of 
'49,"  was  started  by  A.  P.  Murgotten,  in  1876.  It  was 
discontinued  in  1881. 

The  Headliglit,  an  evening  daily,  was  started  by  a 
syndicate  of  printers,  in  1879.  Its  name  was  after- 
wards changed  to  the  Record,  and  it  soon  afterwards 
retired  from  the  field. 

The  Daily  Moniing  Times  was  started  in  1879. 
The  history  of  this  paper  is  contained  in  the  following 
biographical  sketch  of  its  projector. 

Stephen  W.  De  Lacy  was  born  in  New  Orleans, 
Louisiana,  May  3,  1843.  Here  he  learned  the  trades 
of  ship  carpentering  and  steam  engineering.  In  1863 
he  removed  to  New  York  City,  and  in  the  summer  of 
that  year  sailed  via  Panama  for  California,  arriving  in 
San  Francisco  July  2.  Proceeding  at  once  to  Santa 
Clara  County,  where  his  parents  resided,  he  first  set- 
tled in  Almaden  township,  and  remained  for  two 
years  in  the  employ  of  the  company  then  managing 
the  celebrated  quicksilver  mines.     He  then  removed 



to  the  city  of  San  Jose,  and  went  into  tlie  business  of 
contracting  and  building,  which  he  followed  for  sev- 
eral years.  In  1870  he  entered  the  ranks  of  journal- 
ism, as  a  reporter  with  the  San  Jose  Daily  Independ- 
ent, and  shortly,  in  conjunction  with  his  brother, 
Hugh  A.  De  Lacy,  started  the  San  Jose  Weekly  Re- 
porter. In  1872  he  joined  the  Dally  Record  at  Fiochc, 
Nevada,  remaining  as  its  city  editor  for  nearly  a  year. 
Returning  to  San  Jose  in  1873,  he  became  the  city 
editor  of  the  Daily  Evening  Patriot,  and  continued  in 
the  position  when  the  name  of  that  paper  was  changed 
to  Herald.  Resigning  in  1879,  Mr.  De  Lacy  began 
the  publication  of  the  Daily  Morning  Times,  believing 
that  the  field  was  good  for  an  independent  newspaper. 
In  that  enterprise  he  was  associated  with  J.  G.  Mur- 
doch, formerly  foreman  of  the  Herald;  the  editorial 
department  being  intrusted  to  F.  B.  Murdoch,  a  vet- 
eran journalist,  formerly  proprietor  of  the  Patriot, 
who  subsequently  became  a  partner  in  the  newspaper. 
The  firm  name  was  Times  Publishing  Company. 
Their  first  issue  was  on  July  15,  1S79,  and  the  paper 
was  favorably  received.  On  the  first  of  January,  1880, 
Mr.  De  Lacy  became  sole  proprietor  by  purchase  of 
the  interests  of  his  partners.  From  that  time  the  suc- 
cess of  the  Times  was  remarkable.  The  aim  of  the 
owner  and  manager  was  to  present  a  paper  which,  in 
its  treatment  of  local  events,  should  be  equally  read- 
able and  reliable;  in  general,  the  implacable  foe  of 
wrong,  the  inflexible  champion  of  right,  and  at  all 
events  independent  in  opinion,  and  fearless  in  its  ex- 
pression beyond  the  possibility  of  clique,  faction,  or 
sinister  interest  to  influence.  In  the  realization  of 
that  ideal,  his  success  was  decisive  and  permanent. 
But  at  the  height  of  success,  Mr.  De  Lacy  conceived 
the  idea  that  a  daily  newspaper  founded  and  conducted 
on  the  principles  of  the  Times  would  flourish  in  San 
Francisco.  Accordingly,  on  the  sixth  of  September, 
i8'83,  he  sold  to  C.  M.  Shortridge,  proprietor  of  the 
San  Jose  Alerciuy,  his  entire  interest  in  the  Times, 
binding  himself  not  to  resume  journalism  in  San  Jose 
for  three  years. 

On  the  sixteenth  of  February,  1884,  in  connection 
with  James  H.  Barry,  a  popular  printer  of  San  Fran- 
cisco, Mr.  De  Lacy  began,  under  what  seemed  favor- 
able auspices,  the  publication  of  the  Daily  Evening 
Star.  Its  principle  was — in  the  expressive  phrase  of 
the  day — "anti-boss,  anti-monopoly."  But  powerful 
enemies  and  journalistic  rivalry,  and  especially  the 
spurious  fidelity  of  the  industrial  classes,  in  whose  in- 
terest the  paper  was  conducted,  proved  too  much  for 
the  enterprise.  On  the  nineteenth  of  June,  1884,  hav- 

ing  lost  heavily,  the  Star  Company  suspended, 
promptly  discharging  all  its  obligations  to  a  penny. 
Mr.  De  Lacy  returned  to  San  Jose  and  engaged  in 
various  business.  On  the  sixth  of  September,  1886, 
upon  the  expiration  of  his  bond,  he  pluckily  re-issued 
the  Daily  Morning  Times,  meeting  with  great  success 
in  the  enterprise  of  re-establishing  it,  conducting  it 
upon  its  original  plane,  and  pushing  it  up  to  its  former 
position  as  a  generous  advocate  of  the  rights  of  the 

Mr.  De  Lacy  married,  September  10,  1875,  Clara  J., 
daughter  of  J.  W.  Haskell,  and  has  five  children: 
Edith  Viola,  Walter  Haskell,  Stephen  Percival,  Ed- 
ward Ralph  Merlin,  and  Clara  Estelle  De  Lacy. 

The  Daily  Evening  News  was  started  and  run  dur- 
ing the  campaign  of  1882,  by  W.  D.  Haley. 

The  City  Item  was  established  by  H.  A.  De  Lacy, 
in  1883.  Its  name  was  changed,  in  1885,  to  the  Eve- 
ning News,  which  name  it  still  bears. 

The  projector  of  this  journal,  Mr.  H.  A.  De  Lacy, 
was  born  in  New  Orleans,  September  23,  1845.  He 
came  to  California  in  1862,  and  went  to  work  at 
the  New  Ahiiaden  mines  as  engineer.  In  1865  he 
came  to  San  Jose  and  engaged  in  the  business  of 
carpenter  and  builder  for  several  years.  In  1870  he 
was  appointed  deputy  sheriff,  where  he  developed 
great  skill  as  a  detective  officer.  After  his  term  ex- 
pired as  deputy  sheriff",  he  was  appointed  on  the 
police  force  of  San  Jose,  and  was  afterward  elected 
constable  of  the  township.  In  1872  he  published  the 
Reporter,  but  discontinued  it  in  order  to  devote  his 
whole  time  to  his  professional  duties.  But  he  had 
developed  a  taste  for  journalism  that  could  not  be 
wiped  out,  and  in  1883  he  established  the  City  Item, 
intending  to  make  it  small  and  do  all  the  work  him- 
self. However,  it  met  with  such  success  that  he  was 
compelled  to  enlarge  it  and  secure  assistance  in  his 
work.  Mr.  C.  W.  Williams,  a  young  man  of  great 
business  ability,  was  taken  in  as  a  partner  and  as- 
sumed the  business  management  of  the  enterprise, 
Mr.  De  Lacy  confining  himself  entirely  to  the  edito- 
rial department.  This  was  a  strong  combination,  and 
its  effect  was  immediately  apparent.  The  business 
rapidly  increased,  and  the  paper  has  been  enlarged  no 
less  than  six  times  during  the  five  years  of  its  exist- 
ence. In  1885  the  name  was  changed  to  the  Evening 
Nezvs,  which  name  it  now  bears. 

The  Santa  Clara  Valley,  a  monthly  journal  devoted 
to  the  horticultural  and  viticultural  interests  of  the 
community,  and   to  advertising  the  resources   of  the 



county,  was  started  by  H.  S.  Foote,  in  1884.  In  1886 
he  sold  out  to  Mr.  H.  A.  Brainard,  who  has  conducted 
the  paper  ever  since,  having  added  to  its  name  the 
Pacific  Tree  and  Vine,  thus  enlarging  its  field  to  the 
entire  State,  and  doing  away  «  ith  its  exclusively  local 

Mr.  H.  A.  Brainard  is  a  native  of  New  York,  and 
received  a  liberal  education,  including  the  highest 
classical  course  in  the  educational  institutions  of  that 
State.  The  peculiar  tendency  of  his  mind,  however, 
was  toward  natural  science,  and  he  became  one  of  the 
most  accurate  engineers  and  surveyors  of  the  Empire 
State.  His  work  in  laying  out  and  superintending 
the  construction  of  a  large  section  of  the  West  Shore 
Railroad,  is  unsurpassed  in  the  history  of  railroad 
construction  in  that  State.  He  became  also  a  thor- 
ough theoretical  and  practical  botanist,  and  these  two 
qualifications  he  brought  to  bear  in  his  work  on  the 
Santa  Clara  Valley.  The  first  he  utilized  in  making 
accurate  and  detailed  maps  for  publication  in  his  jour- 
nal, and  the  latter  for  imparting  valuable  horticultural 
information  to  his  readers.  His  maps  have  been 
found  of  great  value  to  nearly  every  citizen,  and  his 
paper  has  become  a  recognized  authority  on  the 
coast,  and  has  been  the  means  of  bringing  many 
settlers  to  this  county.  The  literary  department  is 
under  the  direction  of  Miss  Louise  E.  Francis,  a  lady 
of  great  talent  and  a  graceful  writer. 

The  Enterprise,  a  weekly  paper,  was  published  in 
Mayfield,  by  W.  H.  Clipperton,  in  1869-70.  It  was 
afterwards  removed  to  Gilro}',  and  its  name  changed 
to  the 

Gilroy  Telegram,  but  it  was  discontinued  after  the 
political  campaign  of  the  latter  year. 

The  Gilroy  Advocate  was  established  at  Gilroy, 
September,  1868,  by  G.  M.  Hanson  and  C.  F.  Macy. 
In  1869  it  went  into  the  hands  of  Kenyon  &  Knowl- 
ton,  and  in  1873  to  Murphy  &  Knowlton.  H.  Cof- 
fin became  publisher  in  1873,  and  continued  for  two 
years,  when  he  was  succeeded  by  H.  C.  Burckhart. 
In  January,  1876,  J.  C.  Martin  took  charge,  but  was 
succeeded  by  Rev.  D.  A.  Dryden,  in  October  of  the 
same  year.  The  paper  was  soon  afterwards  leased 
to  Frank  Dryden  and  J.  Vaughn,  who  conducted  it  a 
few  months,  when  F.  W.  Blake,  the  present  proprietor, 
having  purchased  the  majority  of  the  stock,  assumed 
control.  During  all  its  twenty  years  of  existence  the 
Advocate  has  been  highly  esteemed  as  a  home  paper, 
and  particularly  is  this  the  case  under  its  present 

F.  W.  Blake  is  a  native  of  London,  England,  hi-s 
father  being  a  leading  physician  of  that  city.  Two 
of  his  brothers  were  educated  in  that  profession  and 
are  now  iri  full  practice,  one  in  England  and  another  in 
San  Francisco.  The  subject  of  this  sketch  had  no  taste 
for  medicine,  and  he  secured  a  clerkship  in  the  Depart- 
ment of  Customs.  Here  he  remained  for  five  years, 
coming  in  contact  with  the  officers  of  merchant  ves- 
sels from  all  parts  of  the  world.  When  his  parents 
died,  he  being  then  twenty-five  years  old,  he  accepted 
the  invitation  of  the  captain  of  a  merchant  vessel  to 
make  a  voyage  with  him.  He  came  to  New  York 
in  1 86 1,  and,  after  remaining  a  few  weeks,  went  to 
Chicago  and  soon  after  joined  the  telegraph  ex- 
pedition to  Salt  Lake  City.  From  there  he  came  to 
San  Francisco.  Here  he  went  into  the  mercantile 
business,  in  which  he  continued  for  twelve  years.  He 
had  been  liberally  educated,  and  had  cultivated  a  de- 
cided literary  taste.  He  was  a  close  and  forcible,  as 
well  as  a  graceful,  writer.  Retiring  from  the  mercan- 
tile business,  he  took  a  position  on  the  Hollister  Ad- 
vance, and  soon  after  purchased  Xho.  Advocate,  ■sjs,  above 
stated.  In  his  statement  of  events  he  is  terse  and  ac- 
curate, and  in  his  editorials  his  reasoning  is  logic. 
He  has  made  the  Advocate  a  representative  of  the 
people  composing  the  community  where  it  is  pub- 

The  Gilroy  Crescent  was  established  in  January, 
1888,  by  R.  G.  Einfalt.  It  started  prosperously  from 
the  first  and  has  maintained  its  position  ever  since. 
It  is  well  conducted  and  thoroughly  meets  the  demands 
of  its  patrons,  as  its  increasing  business  well  proves. 
Mr.  Einfalt,  its  publisher,  is  a  native  son  of  the  Golden 
West,havingbeen  born  at  Weaverville,  Trinity  County, 
California,  October  23,  1866.  His  parents  were  J.  M. 
and  E.  J.  (Smith)  Einfalt.  His  father  is  a  native  of 
Germany  and  his  mother  of  Missouri,  her  parents 
having  emigrated  from  Virginia  to  that  State.  In 
1868,  when  Mr.  Einfalt  was  only  two  years  old,  his 
parents  removed  to  Gilroy,  and  the  subject  of  this 
sketch  grew  up  with  the  city. 

During  his  course  at  the  Gilroy  High  School,  he 
suspended  his  studies  and  went  into  the  office  of  the 
Valley  Record,  in  1883,  where  he  remained  two  years 
and  a  half  He  then  returned  to  school  and  com- 
pleted the  course,  graduating  with  honor.  During 
his  connection  with  the  Valley  Record  he  developed 
great  journalistic  ability,  and,  on  leaving  school,  es- 
tablished the  Crescent.  He  is  a  member  of  the  Gilroy 
Parlor  N.   S.  G.  W.,  of  which  he   is  secretary.     Al- 



though  a  young  man,  he  is  greatly  respected,  both  on 
account  of  his  worth  as  a  citizen  and  his  abiHty  as 
a  journalist. 

The  Valley  Record,  of  Gilroy,  was  established  May 
7,  1 88 1,  by  E.  S.  Harrison.  In  1884  it  was  purchased 
by  B.  A.  Wardell.  He  negotiated  its  sale  to  other 
parties,  who  changed  the  name  to  the  Gilroy  Gazette, 
but  the  conditions  not  being  complied  with,  the  paper 
reverted  to  Mr.  Wardell,  who  is  its  present  publisher 
and  editor. 

Mr.  Wardell  has  had  quite  an  eventful  life.  He 
was  born  in  New  York  City,  January  15,  1830.  He 
traces  his  ancestry  on  his  father's  side  back  to  the 
early  settlement  of  New  Jersey  in  colonial  times,  the 
family  coming  from  Wales  and  locating  at  the  beach 
at  Long  Branch,  which  took  the  name  of  Wardell's 
Beach.  His  father  was  a  wholesale  merchant  in  New 
York  City.  His  mother's  family  is  one  of  the  oldest 
in  New  York.  Her  father  was  a  sea  captain  engaged 
in  the  East  India  trade.  The  subject  of  this  sketch 
was  reared  in  New  York  City,  and  began  his  business 
career  in  a  China  shipping  house.  The  firm  sent  him 
to  China  in  1845  for  the  benefit  of  his  health.  On 
reaching  Shanghai  he  accepted  the  position  of  book- 
keeper in  the  house  of  Wetmore  &  Co.  In  about  a 
year  this  firm  failed  and  Mr.  Wardell  went  into  busi- 
ness with  a  fellow-clerk  at  Foochow;  at  the  end  of 
two  years  he  sold  out  and  established  a  general  ship- 
ping house  at  Shanghai,  under  the  firm  name  of  Howe 
&  Co.  This  firm  bought  the  first  steamer  from  Cali- 
fornia, the  Santa  Cruz,  to  run  on  the  Yang-tse-Kiang. 
Afterwards  they  purchased  the  John  T.  Wright  in 
San  Francisco,  and  these,  with  the  steamer  Helles- 
pont, purchased  in  China,  constituted  the  line  run- 
ning from  Shanghai  to  Hongkong.  He  closed  out 
his  business  in  China  in  1863,  returning  to  the  United 
States  via  Europe.  The  money  he  had  made  in 
China  was  dropped  in  unsuccessful  speculations  in 
Wall  Street,  and  in  1872  he  started  for  California,  in- 
tending to  locate  in  Los  Angeles.  This  was  before 
the  boom,  and,  not  being  satisfied  with  the  appear- 
ance of  the  Southern  country,  he  went  to  San  Fran- 
cisco and  accepted  the  position  of  cashier  in  the  of- 
fice of  the  San  Francisco  Chronicle.  He  remained 
there  until  1 884,  when  he  purchased  the  Valley  Rec- 
ord, as  before  stated.  Mr.  Wardell  is  a  member  of 
the  F.  and  A.  M.  in  Gilroy,  the  I.  O.  O.  F.  and  the 
A.  O.  U.  W.  in  San  Francisco,  and  the  O.  E.  S.  in 
Gilroy.  He  was  married  in  California,  in  1876,  to 
Miss  Pauline  Fliess,  a  native  of  Vienna,  Austria.  Mr. 
Warden's  business  experience  and  literary  ability  have 

enabled  him  to  make  the  Gazette  a  flattering  success. 

The  Los  Gatos  Weekly  Mail  is  a  seven-column  folio, 
published  by  the  Mail  Publishing  Company,  the  fol- 
lowing gentlemen  being  the  officers:  Peter  Johnson, 
president;  Wm.  P.  Hughes,  editor  and  manager.  It 
is  one  of  the  neatest  looking  and  most  ably  edited 
country  papers  in  California.  Established  in  1884, 
it  met  with  success  from  the  start.  But  after  about 
eight  months,  the  manager,  H.  H.  Main,  chairman  of 
the  Board  of  Supervisors,  becoming  interested  in  many 
other  enterprises,  found  that  the  Mail  or  his  other 
business  would  have  to  be  given  up,  so  he  sold  to 
Wm.  P.  Hughes,  the  present  editor  and  manager,  and 
practical  proprietor. 

Mr.  Hughes  had  a  great  many  disadvantages  to  un- 
dergo, but  with  energy,  perseverance,  and  intelligence 
he  has  made  the  Mail  what  it  is  to-day — first-class  in 
every  respect,  and  paying  handsomely.  Its  circula- 
tion is  large  and  rapidly  increasing,  and  the  people  of 
the  section  have  the  utmost  confidence  in  it. 

Wm.  p.  Hughes,  the  editor  and  manager  of  the 
Mail,  was  born  in  Salem,  Marion  County,  Illinois,  on 
October  14,  1857.  His  parents  removed  to  Dixon, 
Lee  County,  Illinois,  in  1859,  thence  to  Austin, 
Texas,  where  Mr.  Hughes  resided  until  ten  years  of 
age,  when  he  left  home,  went  to  San  Antonio,  Texas, 
and  engaged,  with  a  namesake,  Thomas  Hughes,  to 
go  up  the  Chism  trail,  through  the  Indian  Territory, 
with  a  herd  of  ten  thousand  cattle.  After  arriving  in 
Parker,  a  town  near  the  border  of  the  Territory,  in 
Kansas,  he  engaged  as  an  apprentice  on  the  Journal, 
a  cow-boy  paper  published  there  at  that  time.  After 
serving  about  a  year  he  went  to  Topeka,  the  capital, 
and  served  three  years  on  the  Daily  State  Gazette, 
when  he  left  for  Quincy,  Illinois,  where  he  joined  the 
Typographical  Union,  of  which  society  he  is  an  hon- 
ored member  to-day.  He  then  traveled  extensively 
throughout  the  United  States  and  Canada,  working 
on  the  most  influential  dailies  in  North  America, 
when  he  returned  to  his  old  home  in  Austin  in  1876. 

In  the  spring  of  this  year  he  joined  the  Frontier 
Battalion  of  the  State  of  Texas,  known  as  the  Texas 
Rangers,  and  served  with  honor  and  credit  to  him- 
self and  State  until  November  30,  1877,  when  he  re- 
ceived an  honorable  discharge.  He  was  the  youngest 
member  ever  in  that  service.  He  then  foremanized 
on  various  papers  in  Texas,  and  went  to  New  Orleans 
in  the  fall  of  1878,  where  he  worked  on  the  Democrat. 
In  the  spring  of  1 879  he  took  a  trip  up  the  Mississippi 
River,   visiting  Vicksburg,   Memphis,  Cairo,  and  St. 



Louis,  thence  to  Kansas  City,  and  finally  to  Denver, 
where  he  remained  until  August,  when  he  went  to  the 
then  "booming"  mining  camp  of  Leadville,  where  he 
resided  for  nearly  two  years,  working  on  the  Clironi- 
cle  and  dealing  in  mining  property. 

In  the  fall  of  1881  he  went  to  Laramie  City,  Wy- 
oming Territory,  where  he  took  the  position  of  fore- 
man on  the  Evening  Times,  which  he  held  for  about 
a  year,  when  he  came  to  California.  After  residing 
in  San  Francisco  and  Sacramento  about  six  months, 
he  returned  to  Laramie,  at  the  urgent  request  of  the 
proprietor,  to  resume  charge  of  the  composing  room 
of  the  Times.  Here  he  fell  a  victim  to  Cupid's  darts, 
and  married  his  present  wife,  the  daughter  of  P.  G. 
Murphy,  one  of  the  best-known  and  most  highly  re- 
spected ranchers  in  the  Rocky  Mountains.  He  and 
his  wife  then  went  to  Denver  and  Pueblo,  Colorado, 
where  they  resided  until  1883,  when  they  went  to 
Eureka,  Nevada.  Mr.  Hughes  held  a  responsible 
position  on  the  Sentinel  until  December,  1884,  when 
he  removed,  with  his  family,  to  San  Francisco. 

In  January,  1885,  he  purchased  the  controlling  in- 
terest in  the  Los  Gatos  Mail. 

He  is  a  young  man,  thirty  years  old,  and  is  possessed 
of  that  force  of  character  which  always  places  a  man 
in  the  front  rank,  and  yet  has  that  control  over  his 
temper,  smoothness  of  disposition,  courteous  and  ur- 
bane nature,  which  make  him  universally  esteemed. 

The  Los  Gatos  Weekly  News  was  established  July 
2,  1 88 1,  by  W.  S.  Walker,  who  went  to  Saratoga,  on 
the  advice  of  friends,  to  start  a  newspaper  enterprise 
in  that  town,  but,  passing  through  Los  Gatos,  saw  that 
it  had  a  bright  future  before  it,  and  at  once  com- 
menced the  publication  of  the  News,  a  five-column 
quarto,  with  "patent  inside."  He  afterward  increased 
the  size  of  the  paper  to  a  six-column  quarto,  still 
using  "  ready  prints."  By  his  enterprise,  and  a  con- 
stant advocacy  of  Los  Gatos'  splendid  claims,  the 
town  received  new  life,  and  Mr.  Walker  had  a  liberal 
patronage  for  his  pioneer  paper  of  the  foot-hills.  In 
April,  1885,  Mr.  Walker  sold  out  the  News  to  Messrs. 
W.  H.  B.  Trautham,  C.  C.  Suydam,  and  G.  Webster. 
In  March,  1886,  Mr.  Webster  sold  out  his  interest  to 
W.  H.  B.  Trautham  and  C.  C.  Suydam,  the  present 
owners  and  publishers  of  the  paper. 

The  paper  has  been,  and  is  yet,  independent  in 
politics,  and  is  devoted  to  the  horticultural  and  viti- 

cultural  interests  of  the  upper  part  of  Santa  Clara 
Valley;  and  it  has  been  a  'powerful  factor  in  the  on- 
ward march  of  that  section.  In  March,  1887,  the 
publishers  cast  aside  the  "  ready  prints,"  and  im- 
proved the  typographical  appearance  of  the  paper, 
which  has  had  a  liberal  patronage  from  its  founding. 

The  editor  of  the  News,  W.  H.  B.  Trautham,  was 
born  in  Greene  County,  Missouri,  March  16,  1847. 
The  early  part  of  his  life  was  spent  on  a  farm  in  his 
native  county.  After  a  solicitous  life  incident  to  the 
battles  in  and  near  Springfield,  he  entered  the  dis- 
trict schools,  and  soon  made  a  teacher  of  himself,  but 
not  being  content  with  the  education  attained,  com- 
menced a  course  of  study  in  the  Missouri  University 
in  1868,  and  graduated  from  that  institution  in  1872. 
At  the  close  of  his  college  life,  Mr.  Trautham  became 
the  principal  of  the  Varona,  Missouri,  public  schools, 
which  position  he  held  for  two  years,  when  he  was 
unanimously  called  by  the  Board  of  Education  of 
North  Springfield,  Missouri,  to  the  head  of  that  insti- 
tution. At  the  end  of  four  years,  his  health  having 
somewhat  failed,  he  resolved  to  give  up  teaching  and 
bought  a  half  interest  in  the  North  Springfield  South- 
zvester,  but  the  Board  of  Education  of  the  city  of 
Springfield  prevailed  on  him  to  take  charge  of  their 
High  School,  which  position  he  gave  up  in  the  spring 
of  1878,  to  give  his  undivided  attention  to  the  journal- 
istic venture.  The  paper  was  improved,  and  a  daily 
inaugurated.  Poor  health,  in  the  spring  of  1884,  made 
another  change  necessary,  when  the  Soiithwester  news 
and  job  offices  were  sold  out,  and  Mr.  Trautham  came 
with  his  family  to  Los  Gatos,  where  he  has  entirely 
regained  health,  and  where  he  has  been  constantly 
connected  with  the  Neivs  since  1885. 

In  1885  a  weekly  paper  called  the  Courier  was  pub- 
lished at  Mountain  View,  by  George  Wagstaff  It 
was  in  existence  but  a  few  months. 

'Y\\&  Mountain  View  Weekly  Register  commenced 
publication  in  April,  1888,  under  the  auspices  of  the 
Register  Publishing  Company,  with  Harry  Johnston 
as  editor  and  F.  W.  Bacon  as  manager.  The  paper 
is  well  conducted,  newsy,  and  a  staunch  representa- 
tive of  the  community  in  which  it  is  published.  The 
business  management  shows  an  intelligent  energy  that 
will  insure  success,  while  the  editorial  and  literary  de- 
partments are  of  a  character  that  would  do  credit  to 
many  other  more  pretentious  journals. 

THE  first  election  for  officers  was  held  May,  1850, 
and  the  following  were  chosen: — 

J.  W.  Redinon,  county  judge. 

H.  C.  Melone,  county  clerk. 

J.  T.  Richardson,  county  recorder. 

John  Yontz,  county  sheriff. 

John  M.  Murphy,  county  treasurer. 

J.  H.  Moore,  county  attorney. 

Charles  E.  Allen,  county  assessor. 

Another  election  was  called  for  the  first  Wednesday 
in  September  of  the  same  year,  but  as  this  day  fell  on 
the  fourth  of  the  month,  and  the  State  was  not  ad- 
mitted until  the  ninth,  the  election  was  illegal  and  the 
old  officers  held  over  until  1851,  when  the  following 
were  elected: — 

H.  C.  Melone,  clerk. 

Joseph  Johnson,  sheriff. 

F.  G.  Appleton,  treasurer. 

J.  M.  Murphy,  recorder. 

J.  H.  Moore,  county  attorney. 

W.  Gallimore,  assessor. 

There  is  no  existing  record  of  these  two  elections, 
and  therefore  we  are  unable  to  give  the  number  of 
votes  cast  for  each  candidate.  From  this  time,  how- 
ever, the  record  is  complete,  and  the  following  tables 
will  show  the  names  of  each  candidate,  the  number  of 
votes  received  by  each,  and  the  party  to  which  he 
belonged.  The  following  abbreviations  are  used:  W 
for  Whig;  D,  Democrat;  DD,  Douglas  Democrat ;  R, 
Republican;  I,  Independent;  P,  People's  ;  T,  Temper- 
ance; WM,  Workingmen's;  NP,  Non-partisan;  KN, 
Knownothing;  YM,  Young  Men's;  A,  American;  Pn, 
Prohibition;  G,  Greenback. 


State  Senator — 

Jacob  Grewell  (W) 833 

J.  F.  Williams  (D) 704 

Members  of  Assembly — 

Henry  C.  Smith  (D) 806 

Wm.  S.  Letcher  (D) 805 

Wm.  E.  Taylor  (W) 790 

Albert  Warthen  (W) 742 

District  Judge — 

Craven  P.  Hester  (W) 906 

Peter  O.  Minor  (D) 613 

County  Attorney — 

Jno.  H.  Moore  ( W) 77 1 

C.  T.  Ryland  (D) 762 

Public  Administrator — 

Thos.  Campbell  (W) 790 

County  Assessor — 

Thomas  S.  Burnett  (W) 77% 

Isaac  N.  Senter  (Dj 765 

County  Treasurer — 

Wm.  Aikenhcad  (W) 799 

Total  vote  of  county 1,61 1 

Members  of  Assembly — 

Wm.  S.  Letcher  (W) 1,046 

F.  S.   McKinney  (W) 1,009 

J.  R.  Weller(D) 900 

D.  W.  Dickey  (D) 771 

County  Judge — 

R.  B.  Buckner  (Wj 1,010 

F.  W.  White  (D) 874 

County  Clerk — 

John   B.  Hewson  (W) 1,072 

S.  J.  Easley  (D) 810 


Wm.  McCutchen  (W) 996 

D.  O.  Houghton  (D) 883 

District  A  ttorney — 

Jno.  H.  Moore  (W) 998 

Couttty  Recorder — ■ 

S.  A.  Clark  (W) 982 

J.  M.  Mur,.hy  (D) 915 

County  Treasurer — 

F.  G.  Appleton  ( W) 996 

H.  C.  Skinner  (D) 885 

Public  Administrator — 

F.  D.  Hawkins  (W) 1,052 

A.  Shearer  (D) 797 

County  Assessor  — 
J.  H.  Morgan  (W) 1,033 

E.  P.  Reed(D) 838 




County  Surveyor— 

W.  J.  Lewis  (D) I,ii6 

Wm.  Campbell  (W) 737 

Coroner — 

Asa  Finley  (W) 966 

Solomon  Rogers  (D) 867 

Total  vote  of  county i,794 

State  Senator — 

Sherman  Day  (D) 1,022 

Wm.  S.  Letcher  (W) 857 

Members  of  Assembly — 

C.  T.  Ryland  (D) 1,275 

Wm.   R.  Gober  (W) 861 

Isaac  N.  Senter  (D) 842 

F.  S.  McKinney  (W) 640 

Public  Administrator — 

Cornelius  Yeager  (D) 1,124 

J.  A.  Moultrie  (W) 716 

Scattering i 

County  Assessor — 

Wesley  Gallimore  (W) 915 

E.  P.  Reed  (D) 889 

D.  Jackson 20 

Total  vote  of  county 1,879 


Members  of  Assembly — 

George  Peck  (KN) 1,065 

Caswell  Davis  (KN) 1,055 

W.  J.  McClay  (,W) 1,014 

Augustus  Redmon  (D) 1,006 


Philip  T.  McCabe  (KN) 1,085 

S.  O.  Houghton  (D) 990 

County  Clerk — 

John  B.  Hewson  (KN) 1,124 

Joseph  R.  Weller 973 

County  Treasurer — 

F.  G.  Appleton  (D) 1,080 

N.  E.  Branham  (KN) 1,028 

County  Recorder — 

S.  A.  Clark  (KN) 1,143 

Green  Hanna  (D) 958 

County  Assessor — 

Jno.  C.  Bland  (KN) 1,036 

E.  P.  Reed  (D) 1,034 

District  Attorney — 

J.  Milton  Williams  (KN) 1,082 

Wm.  Matthews  (D) 1,017 

Public  Administrator — 

A.  B.  Caldwell  (KN) 1,104 

John  Yontz  (D) %77 

County  Surveyor — ■ 

L.  B.  Healy(KN) 1,152 

J.  R.  Conway  (D) 938 

Coroner — 

H.  P.  Swain  (KN) 1,103 

Harry  Wade  (D) 98 1 

Superintendent  of  Schools — 

Freeman  Gates  (KN) 1,068 

A.  T.  Swart  (D) 1,025 

Prohibitory  Liquor  Law,  Yes,  690;  No,  525. 

Total  vote  of  county 2,129 


State  Setiator — 

John  Williams  (W) 727 

Noble  Hamilton  (D) 488 

Sam'l  B.  Bell 772 

Members  of  Assembly — 

H.  J.  Bradley   (W) 671 

F.  S .  McKinney  (W) 603 

L.  C.  Everett  (D) 545 

Wm.  M.  Lent  (D) 521 

Jno.  A.  Ouimby  (R) 787 

Noah  PaTmer  (R) 775 

Total  vote  of  county 2,064 


Pay  the    State    Debt,   768;    Repudiate   the    State 

Debt,  919. 

Members  of  Assembly — 

Solon  S.  Simons  (D) i  ,404 

W.  W.  McCoy  (D) 1,407 

John  A.  Quimby  (R) 722 

Noah  Palmer  (R) 763 

County  fudge — • 

John  H.  Moore  (D) i,390 

A.  L.  Rhodes  (R) 772 

County  Clerk — 
John  B.   Hewson  (D) 1,370 

E.  A.  Clalk  (R) 778 

District  Attorney — 

J.  Alex.  Yoell  (D) 1,399 

Juhan  Smart  (R) 676 

A.  Redmon  (I) 3 


John  M.  Murphy  (W) 987 

H.  H.  Winchell  (R) 520 

Philip  T.  McCabe  (I) 680 

County  Recorder — 

Austin  M.  Thompson  (D) 1,280 

S.  A.  Clark  (R) 884 

J.  A.  Clark  (I) 3 

County  Treasurer — 

H.  C.  Malone  (D) 1,337 

F.  G.  Appleton  (R) 938 



County  Assessor — 

W.  H.  Patton  (D) i,o8o 

Robert  Hutchinson  (R) 603 

John  C.  Bland  {\) 449 

Wm.  Campbell  (I) 47 

Public  Administrator — 

A.  B.  Caldwell  (D) 1,487 

Harry  Wade  (R) 654 

County  Surveyor — 

Chas.  T.  Healy  (D) 1,435 

H.  C.  Benson  (R) 742 

Superintendent  of  Schools — 

Matthew  Mitchell  (D) 1,328 

James  Rogers  (R) 811 

Freeman  Gates  (i) 2 

Coroner — 

Thomas  J.  Ingersol  (D) 1,453 

P.  M.  Fowler  (R) 716 

Total  vote  of  county 2,289 


State  Senator — 

R.  A.  Redmon  (D) 1,004 

Sam'l  B.  Bell(R) 613 

Members  of  Assembly — 

James  P.  Springer  (D). .  . .  ; 910 

E.  C.  TuUy  (D) 1,005 

Thos.  J.  West  (R) 746 

E.  D.  Bevens  (R) 624 

Public  Administrator — 

Jas.  H.  Kincaid  (D) 1,027 

Robert  Hutchinson  (R) 616 

Total  vote  of  county 1,71 7 


For  Governor — 

Milton  S.  Latham  (D) 1,407 

Leland  Stanford  (R) 626 

John  Carney  (I) 367 

Members  of  Assembly — 

Jno.  Milton  Williams  (D) 1,433 

D.  B.  Bailey  (D) 1,349 

Thos.  J.  West  (R) 1,075 

H.  D.  Van  Shaick  (R) 772 


Jno.  M.  Murphy  (D) 1,334 

Ja.s.  H.  Morgan  (R) 968 

District  Attorney — 

A.  L.  Rhodes  (R) 1,237 

Chas.  B.  Younger  (D) 968 

County  Recorder — 

Jno.  R.  Wilson  (D) 1,510 

C.  M.  Putney  (R) 782 

S.  A.  Clark 2 

County   Treasurer — 

H.  C.  Melone  (D) 1,406 

C.  W.  Pomeroy  (R) 924 

County  Assessor — 

Wm.  R.  Davis  (D) 1,227 

James  Brownlce  (R) 1,089 

County  Surveyor — 

Charles  T.  Healy  (D) 1,722 

Public  Administrator — 

Wm.  Daniels  (D) 1,635 

John  Cook  (R) 661 

Coroner — 

Thos.  J.  Ingersol  (D) 1,311 

Jacob  Allen  (R) 992 

Superintendent  of  Schools — 

Matthew  Mitchell  (D) 1,198 

Freeman  Gates  (R) i  ,092 

County  Clerk — 

Jno.  B.  Hewson  (D) i  ,408 

David  B.  Moody  (R) 900 

A.  L.  Rhodes 11 

Total  vote  of  county 2,458 

1 86a 

Pay    the    State    Debt,    684;    Repudiate   the   State 

Debt,  660. 

State  Senator — 

Jno.  H.  Moore  (DD) 922 

A.  L.  Rhodes  (R) i,477 

Wm.  Van  Voorhies  (D) 618 

Members  of  Assembly — 

Daniel  Murphy  (DD) 952 

H.  D.  McCobb  (DD) 826 

H.  W.  Briggs  (R) 1,474 

J.  H.  Morgan  (R) 1,338 

R.  B.  Buckner  (D) 7SS 

A.  B.  Caldwell  (D) 627 

Total  vote  of  county 3,202 


Members  of  Assembly — 

Charles  Maclay  (R) 1,722 

J.  Brown  (R) 1,636 

John   Zuck  (R) 1,767 

W.  T.  Wallace  (D) 1,201 

I.  N.  Thompson  (D) 1,169 

W.  R.  Bane  (D) 1,030 

Wm.  M.  Lent  (DD) 604 

John  W.  Owen  (DD) 449 

Jacob  Doane  (DD) 380 

Scattering 2 

County  fudge — 

Isaac  Senter  (R) 1,798 

J.  M.  Williams  (D) i,i49 

S.  O.  Houghton  (D) 368 

J.  S.  Wallis  (R) 4 



Comity  Clerk — 

Jas.  A.  Clayton  (R) 1,691 

E.  Leavesly  (D) 1,060 

Levi  P.  Peck  (D) 576 


J.  F.  Kennedy  (R) 1.810 

Wm.  McCune  (D) i  ,302 

Samuel  L.  Morrison  (D) 221 

County  Treasurer — 

C.  W.  Pomeroy  (R) 1,912 

J.  P.  Martin  (D) 1,171 

Jno.  R.  Wilson  (D) 233 

County  Recorder — 

L.  C.  Bostick  (R) 1,801 

G.  B.  Montgomery  (D) 1,136 

W.  A.  Senter  (D) 399 

District  Attorney — 

Frank  E.  Spencer  (R) 1,780 

Thos.  H.  Laine  (D) 1,170 

D.  W.  Herrington  (I) m 

Coujity  Assessor — 

D.  M.  Harvvood  (R) 1,759 

J.  W.  Eastin  (D) 1,179 

T.  J.  West  (I) 409 

Public  Administrator — 

Harry  Wade  (R) 1,751 

A.  B.  Caldwell  (D) 1,049 

Henry  Uhrbroock  (D) 369 

Superintendent  of  Schools — 

S.  S.  Wiles  (R) 1,791 

M.  Mitchell  (D) 1,228 

R.  P.  Thompson  (D) 311 

Tax  Collector — 

Noah  Palmer  (R) 1,731 

Jno.  M.  Murphy  (D) 1,389 

Elliott  Reed  (I) 229 

County  Surveyor — 

John  Reed  (R) 1,807 

S.  W.  Smith  (D) 1,281 

C.  T.  Healy  (D) 247 

Coroner — 

Jacob  Allen  (R^ 1,769 

J.  N.  Brown  (D) 1,165 

A.J.  Cory  (I) 398 

Total  vote  of  county 3,447 


State  Senator — 

Joseph  S.  Wallis  (R) 1,747 

Thomas  Fallon  (D) i  ,426 

Members  of  Assembly — 

J.J.  Owen  (R) 1,684 

J.  W.  Owen  (R) 1,725 

D.  W.  Herrington  (R) i,73S 

Solon  S.  Simons  (D) i,4S7 

Martin  J.  Murphy  (D) 1,465 

Cortes  D.  Cheney  (D) i,459 

Total  vote  of  county 3, 1 73 


State  Senator — 

Wm.  S.  McMurtry  (R) 1,966 

Wm.  M.  Lent  (D) 1,479 

Members  of  Assembly — 

J.  J.  Owen  (R) 1,921 

H.  D.  Van  Schaick  (R) 1,967 

Wm.  Erkson  {VC\ 1,966 

P.  B.  Tully  (D) 1,466 

Cary  Peebles  (D) i  ,470 

Jesse  Shuart  (D) 1,481 


J.  H.  Adams  (R) 1,978 

Wm.  Aram  (D) 1,460 

County  Clerk — 

Jas.  A.  Clayton  (R) 1,964 

John  B.  Hewson  (D) 1,475 

County  Treasurer — 

C.  W.  Pomeroy  (R) i,957 

Wm.  H.  Hall  (D) 1,487 

County  Recorder — 

M.  Leavenworth  (R).' 1,976 

Wm.  S.  Letcher  (D) 1,465 

District  Attorney — 

F.  E.  Spencer  (R) i,9S7 

Jno.  H.  Moore  (D) 1,483 

County  Assessor — 

D.  M.  Harwood  (R) 1,965 

J.  J.  Rogers  (D) 1,470 

Public  A  dm  iuistrator — 

John  Erkson  (R) 1,967 

Felix  Raney  (D) i  ,472 

Superintendent  of  Schools — 

Wesley  Tonner  (R) i,97i 

U.  E.  Squires  (D) 1,469 

County  Surveyor — 

A.  D.  Fuller  (R) 1,968 

S.  W.  Smith  (D) 1,472 

Coroner — 

A.  J.  Cory  (R) 1,973 

G.  B.  Tollman  (D) 1,471 

Tax  Collector — 

Noah  Palmer  (R) 1,915 

Martin  Corcoran  (D) 1,526 

Total  vote  of  county 3,559 

State  Senator — 

W.  J.  Knox  (R) 1,641 

Chas.  Maclay  (I) i  >  1 39 



Members  of  Assembly — 

Jno.  Zuck  (R) 1 ,640 

J.  M.  Cory  (R) 1,668 

A.  B.  Hunt  fR) 1,574 

D.  S.  Blanchard  (I) 1,164 

H.  D.  Coon  (I) 1,157 

Jno.  Erkson  (I) 1,172 


J.  H.  Adams  (R) 1,741 

Geo.  H.  Jefferson  (I) 1,072 

James  Houston  (D) 11 

Tax  Collector — 

D.  J.  Burnett  (R) 1,670 

G.  Brohaska  (I) 1,132 

County  Clerk — 

A.  E.  Pomeroy  (R) 1,719 

F.  B.  Murdoch  (I) 1,077 

County  Recorder — 

M.  Leavenworth  (R) 1,727 

B.  F.  Headen  (I) 1,088 

County  Treasurer — 

A.  McCall  (R) 1,638 

R.  G.  Moody  (I) 1,162 

District  A  ttorney — 

D.  W.  Herrington  (R) 1,611 

Chas.  N.  Senter  (I) 1,176 

T.  H.  Laine(D) 13 

County  Surveyor — 

J.  J.  Bowen  (R) 1,655 

A.  H.  Parker  (I) 1,156 

Coroner — 

A.  J.  Cory  (R) 1,649 

R.  Eichler(I) 1,157 

County  Assessor — 

W.  O.  Barker  (R) 1,678 

W.  F.  Hester  (I) 1,125 

Public  Administrator — 

W.  W.  Lawrence  (R) i  ,602 

S.  W.  Brundage(I) 1,180 

Superititendetit  of  Schools — 

Wesley  Tonner  (R) 1,706 

John  Sharp  (I) 1,103 

Total  vote  of  county 1,780 


Members  of  Assembly — 

D.  Huber  (R) 1,883 

Wm.  Erkson  (R) 1,889 

J.  F.  Holloway  (R) 1,838 

C.  T.  Ryland  (D) 2,030 

Jno.  H.  Moore  (D) 2,002 

W.  Z.  Angney  (D) 1,992 



J.  H.  Adams  (R) 1,995 

N.  R.  Harris  (D) 1,895 

Tax  Collector— 

D.  J.  Burnett  (R) 1,909 

Martin  Corcoran  (D) ',985 

County  Clerk — 

A.  E.  Pomeroy  (R) 1,902 

J.  B.  Hewson  (D) 1,983 

County  Recorder — 

M.  Leavenworth  (R) 1,912 

J.  R.  Johnson  (D) 1,973 

County  Treasurer — 

D.  B.  Moody  (R) 1,906 

Thos.  Fallon  (D) 1,975 

District  Attorney — 

J.  H.  Logan  (R) 1,901 

D.  M.  Delmas  (D) 1,988 

County  Siirveyor — 

William  Isaacs  (R) 1,921 

A.  H.  Parker  (D) 1,964 

Coroner — 

Jacob  Allen  (R) 1,907 

J.  Turner  (D) 1,989 

County  Assessor — 

D.  R.  Jaynes  (R) 1,906 

Henry  Phelps  (D) 1,977 

Public  Administrator — 

J.  M.  Billings  (R) 1,897 

Wm.  M.  Lovell  (D) 1,992 

Superintendent  of  Schools — 

Stephen  McPherson  (R) 1,928 

J.  H.Braly(D) i,947 

County  fudge — 

R.  F.  Peckham  (R) 1,581 

L.  Archer  (D) i,794 

Total  vote  of  county 3.384 


State  Senator — 

Chas.  Maclay  (D) 2,125 

Charles  Silent  (R) i,9S7 

Members  of  Assembly — 

Wm.  B.  Shoemaker  (D) 2,165 

B.  D.  Murphy  (D) 2,229 

Thos.  R.  Thomas  (D) 2,192 

E.A.Clark  fR) 1,94' 

H.  D.  Van  Schaick  (R) 1,924 

J.  P.  Sargent  (R) 2,02 1 


N.  R.  Harris  (D) 2,229 

R.  B.  Hall  (R) 1,887 



Coiinty  Clerk — 

Jno.  M.  Littlefield  (D) 2,141 

Edgar  Pomeroy  (R) 2,032 

County  Recorder — 

Jos.  R.  Johnson  (D) 2,242 

John  E.  Youngberg  (R) 1,924 

Coicnty  Assessor — 

Henry  Phelps  (Dj 2,246 

W.  A.  Z.  Edwards  (R) 1,918 

District  A  ttorney — 

J.  M.  Williams  (D) 2,180 

S.  A.  Barker  (R) i,97S 

Treasurer  and  Collector — 

M.  Corcoran  (D) 2,262 

W.  J.  Colahan  (R) 1,911 

County  Surveyor — 

A.  H.  Parker  (D) 2,184 

L.  B.  Healy  (R) 1,983 

Superintendent  of  Schools — 

Nicholas  Eurlong  (D) 2,220 

J.  R.  Brierly  (R)    1,930 

Coroner — 

Luke  Robinson  (D) 2,216 

A.  J.  Cory  (R) i  ,949 

Pu  blic  A  dm  in  isti-ator — 

John  M.  Swinford  (D) 2,217 

J.  M.  BilHngs  (R) 1,943 

District  Judge — 

P'rancis  E.  Spencer i,599 

Sam  Bell  McKee i  ,500 

Total  vote  of  county 3.099 


Member  of  Congress — 

Lawrence  Archer  (D) 2,369 

S.  O.  Houghton  (R) 2,808 

Members  of  Assembly — 

;  no.  H.  Moore  (D) 2,494 

Isaac  H.  Harris  (D) 2,285 

John  O'Toole  (D) 2,309 

Frs.  E.  Spencer  (R) 2,822 

J.  P.  Sargent  (R) 2,854 

F.  C.  Franck  (R) 2,777 

County  Clerk — 

J.  V.  Tisdall  (D) 2,418 

Cornelius  Finley  (R) 2,762 

Comity  Recorder — 

Jno.  R.  Wilson  (D) 2,389 

D.  C.  Bailey  (R) 2,789 

L.  C.  Bostick  (I) 12 

District  A  ttorney — 

Wm.  M.  Lovell  (D) 2,573 

J.  C.  Black  (R) 2,626 


N.  R.  Harris  (D) 2,490 

J.  H.  Adams  (R) 2,615 

Treasurer  and  Collector — 

M.  Corcoran  (D) 2,599 

R.  K.  Ham  (R) 2,589 

County  Assessor — 

Henry  Uhrbroock  (D) 2,536 

Thos.  M.  Lilly  (R) 2,660 

Superintendent  of  Schools — 

Jno.  H.  Braly  (D) 2,467 

G.  F.  Baker  (R) 2,712 

County  Surveyor — 

E.  Raynor  (D) 2,485 

A.  T.  Herman  (R) 2,722 

A.  Parker i 

Public  Administrator — 

Jno.  Paine  (D) 2,472 

J.  H.  Morgan  (R) 2,721 

Coroner — 

J.  Turner  (D) 2,449 

A.  J.  Cory  (R) 2,755 

For  Selling  R.  R.  Stock,  2,001;  Against  Selling  R. 
R.  Stock,  2,368. 
County  Judge — 

R.  I.  Barnett  (D) 1,479 

D.  S.  Paine  (R) 2,287 

Total  vote  of  county 5,217 

For  Congress — 

S.  O .  Houghton  (R) 2,049 

E.  J.  C.  Kewen  (D) 1,71 1 


State  Senator — 

W.  S.  McMurtry  (R) 1,721 

Thomas  H.  Lainc  (I) 2, 1 56 

Charles  Maclay  (D) 329 

Members  of  Assembly — 

Thomas  Rea  (R) 2,033 

F.  C.  Frank  (R) 2,203 

J.  W.  Haskell  (R) 1,766 

J.  A.  Moultrie  (I) 1,939 

J.  M.  Cory  (I) 1,738 

Alex.  Hay  (ij i,994 

John  M.  Bruen  (D) 269 

J.  F.  Holloway  (I) 277 

County  Treasurer — 

D.  C.  Bailey  (R) 2,505 

Geo.  W.  Zimmer  (I) 1,582 

A.  B.  Moffit  (D) 83 

County  Clerk — 

Cornelius  P'inley  (R) 2,354 

John  B.  Hewson  (I) 1,816 



Auditor — 

H.  Fairfield  (R) 2,214 

J.  M.  Braly  (I) 1,768 

John  M.  Littlefield  (D) 155 


J.  H.  Adams  (R) 2,233 

S.  W.  Boring  (I) 1,946 

Tax  Collector — 
James  H.  Morgan  (R) 2,227 

B.  F.  Headen  (I) 1,532 

Jos.  Ingham  (D) 483 

District  Attorney — 

J.  C.  Black  (R) 2,057 

Thos.  Bodley  (I) 2,101 

—  Bartlett i 

Recorder — 

Wm.  J.  Colahan  (R) 2,496 

E.  H.  Swarthout  (I) 1,486 

John  Coombe  (D) 107 

Henry  Phelps i 

County  Surveyor — 

A.  T.  Herrmann  (R) 2,017 

F.  P.  McCray  (I) i  ,974 

A.  H.  Parker  (D) 175 

County  Assessor — 

Thos.  M.  Lilly(R) 2,146 

Henry  Phelps  (I) i  ,9 1 2 

John  Erkson  (D) 1 1 1 

Superintendent  of  Schools — 

R.  E.  Hewett  (R) 1,949 

James  G.  Kennedy  (I) 2,205 

Coroner — 

A.  J.  Cory  (R) 2,023 

J.  N.  Brown  (I) 2,007 

T.  D.  Johnson  (D).. 136 

Public  Administrator — 

E.  W.  Harrison  (R) 2,05 1 

J.  C.  Bland  (I) 2,017 

L.  O'Toole(D) 48 

District  Judge — 

David  Belden 2,4 1 5 

Scattering 11 

Total  vote  of  county 4,207 


State  Senator— 

Jno.  A.  Ouimby  (R) 1,850 

W.  Z.  Angney  (D  &  I) 3,131 

H.  Jones i 

Ben  Hurd i 

Members  of  Assembly — 

Cyrus  Jones  (D  &  I) 2,275 

Thos.  M.  Lilly  (R) 2,151 

C.  T.  Settle  (R) 2,053 

L.  Archer  (D  &  I) 2,987 

S.  I.  Jamison  (D  &  I) 3,i  14 

Hugh  Jones  (D) 2,217 

David  Patterson  (I) 58 

Treasurer  and  Collector — 

J.  T.  Cochran  (R) i  ,797 

Wm.  A.  January  (D  &  I) 3.196 

Comity  Clerk — 

J.  J.  Sontheimer  (R  &  I) 2,692 

B.  Newman  (D) 2,283 


J.  H.  Adams  (R) . 2, 140 

N.  R.  Harris  (D  &  I) 2,854 

District  Attorney — 

S.  F.  Leib(R&  I) 2,252 

Wm.  M.  Lovell  (D) 2,733 

Recorder  and  Auditor — 

J.  W.  Herndon  (R  &  I) 2,387 

Wm.  B.  Hardy  (D) 2,618 

County  Assessor — 

W.  G.  Campbell  (R) 2,046 

Henry  Phelps  (D  &  I) 2,917 

County  Surveyor — 

A.  T.  Herrmann  (R  &  I) 2,257 

John  Coombe  (D) 2,522 

Superintendent  of  Schools — 

W.  \V.  Kennedy  (R) 2,257 

E.  Rosseau  (D  &  I) 2,688 

Sarah  L.  Knox i 

Coroner  and  Public  Administi-ator — 

F.  B.  Smith  (R  &  I) 2,476 

J.  Turner  (D) 2,480 

J.  D.  Scott  (I) 13 

County  Judge — 

D.  S.  Payne  (R  &  I) 1,762 

R.  B.  Buckner  (D) 1,663 

Total  vote  of  county 5,084 

State  Senator — 

W.  H.  Ware  (R) 2,565 

B.  D.  Murphy  (D) 3,262 

Members  of  Assembly — 

Cyrus  Jones  (R) 2,5 10 

Rush  McComas  (R) 2,964 

Daniel  Finch  (R) 2,800 

Wm.  Hanna  (D) 2,997 

C.  W.  Upton  (D) 3,145 

J.  J.  McDaniel  (D) 2,943 

Dave  Patterson  (I) 8 

Mrs.  Knox i 

Treasurer  and  Collector^ 

F.  C.  Frank  (R) 2,237 

W.  A.  January 3,575 



County  Clerk — 

J.  J.  Sontheimer  (R) 2,962 

Louis  Krumb  (D) 2,862 


A.  G.  Hinman  (R) 2,381 

N.  R.  Harris  (D) 3,425 

District  Attorney — 

D.  W.  Herrington  (R) 2,630 

Wm.  M.  Lovell  (D) 3.204 

—  Yoell 2 

Recorder  and  Auditor — 

Leon  E.  Jones  (R) 2,686 

W.  B.  Hardy  (D) 3,121 

County  Surveyor — 

W.  B.  Covell  (R) 2,703 

John  Coombe  (D) 3, 1 27 

Superintendent  of  Schools — 

L.  J.  Chipman  (R) 2,966 

H.  D.  Burnett  (D) 2,652 

Coroner  and  Public  Administrator — 

A.  McMahon  (D) 3,079 

J.  B.  Cox  (R) 2,652 

Total  vote  of  the  county 5,827 

State  Senator — 

S.  W.  Boring  (NP) 2,415 

G.  E.  McDougall  (W) 2,394 

Assembly — • 

W.  M.  Williamson  (NP) 2,295 

J.  E.  Clark  (WM) 2,453 

Total  vote 4,748 

For  Delegates  to  Constitutional  Convention — 

T.  H.  Laine(NP  &  YM) 2,186 

R.  McComas  (NP  &  YM) 2,183 

E.  O.  Smith  (NP  &  YM) 2,238 

A.  Greeninger  (NP) 1  647 

J.  G.  Kennedy  (YM) 771 

J.  E.  Clark  (WM) 1,635 

J.  Carrick  (WM) 1,627 

D.  W.  Herrington  fW  &  YM) 1,949 

J.  A.  Moultrie  (WM) i  563 

H.  W.  Kelly  (WM) 1,591 

J.  R.  Weller  (NP  &  YM) 1,848 

Total  vote 3,82 1 

State  Senator — 

George  F.  Baker  (R) 2,460 

J.  C.  Zuck(R) 2,376 

J.  E.  Clark  (WM) 1,975 

L.  B.  Ingalls  (WM) 1  9^5 

E.  O.  Smith  (D) 1,485 

J.  R.  Weller  (I)... 399 

H.  C.  Morey  (D) 1,386 

Members  of  Assembly — 

Rush  McComas  (R) 2,582 

J.  L.York(R) 2,162 

D.  Frink  (R) 2,302 

William  Vinter  (WM) 1 ,839 

Robert  Thomas  (WM) 1,878 

John  Chisholm  (WM) i,744 

A.  W.  Jones  (G) 307 

Massey  Thomas  (G) 257 

Rufus  Fiske  (G) 327 

John  P.  Finley  (D) 1,844 

A.  French  (D) 1,385 

C.  E.  Shore  (D) 1,361 

Judges  of  Superior  Court — 

David     elden  (R) 2,646 

Francis  E.  Spencer  (R) 2,364 

C.  C.  Stephens  (WM) 1,917 

D.  W.  Herrington  (WM) 2,085 

Lawrence  Archer  (D)-. 1,614 

Jno.  H.  Moore  (D) 1,375 

County  Treasurer — 

Henry  Philip  (R) 1,818 

N.  B.  Edwards  (WM) 1,836 

Wm.  A.  January  (D) 2,354 

County  Clerk — 

J.  J.  Sontheimer  (R) 2,881 

Louis  Bruch  (WM) 2,734 

J.  G.  Kennedy  (D) 14 


F.  E.  Williams  (R) 2,341 

Leon  E.  Jones  (WM) 1,542 

N.  R.  Harris  (D) 2,097 

District  Attorney — 

W.  W.  McKaig  (R) 2,334 

James  H.  Campbell  (WM) 2,373 

John  T.  Malone  (D) 1,276 

County  Recorder — 

Hamilton  W.  Stephens  (R) 2,417 

David  Wight  (WM) 1,744 

James  M.  Pitman  (D) 1,866 

County  Assessor — 

Hiram  Fairfield  (R) 2,402 

Alfred  Chew  (WM) 1,909 

Fred  Farmer  (D) 1,71 1 

County  Surveyor — 

W.  A.  Richards  (R) 2,818 

John  Coombe  (WM) 2,333 

John  Gash  (D) 780 

Superintendent  of  Schools — 

L.  J.  Chipman  (R) 2,866 

F.  H.  Gould  (WM) 1,772 

H.  D.  Burnett  (D) 1,378 



Coroner — 

J.  T.  Harris  (R) 2,273 

M.  S.  McMahan  (WM) 1,944 

A.  McMahon  (D) 1,798 

For  Chinese  Immigration 36 

Against  Chinese  Immigration 5,881 

Total  vote  of  county 6,045 

Members  of  Assembly — 

John  Reynolds  (R) 3,064 

Milus  H.  Gay  (R) 3,099 

Christian  Wentz  (R) 3,097 

J.  A.  Moultrie  (D) 2,889 

L.  B.  Ingalls  (Dj 2,724 

L.  A.  VVhitehurst  (D) 2,842 

John  Robertson  (WM) 114 

Robert  Summers  (WM) 109 

Thomas  Shannon  (WM) 117 

Total  vote  of  county 5,936 

State  Senator — 

H.  M.  Leonard  (R) 2,826 

S.  F.  Leib  (R) 2,859 

B.  D.  Murphy  (D) 3,377 

C.  H.  Maddox  (D) 3,067 

David  E.  Gish  (G) 69 

Thomas  Shannon  (G) 40 

Members  of  Assembly — 

S.  F.  Ayer  (R) 2,921 

J.  E.  Glendenning  (R) 2,875 

Howell  C.  Moore  (R) 2,853 

Adam  Riehl  (D) 3,091 

A.  B.  Hunter  (D) 3,098 

J.  H.  M.  Townsend  (D) 3420 

County  Treasurer — • 

C.  Wentz  (R) ' 2,847 

F.  M.  Pfister(D) 3,263 

County  Clerk — 

Clifford  J.  Owen  (R) 2,997 

W.  H.  Owens  (D) 3, 145 


David  Campbell  (R) 2,694 

B.  F.  Branham  (D) 3,458 

District  Attorney — 

F.  P.  Bull  (R) 2,836 

Jas.  H.  Campbell  (D) 3,296 

County  Recorder  and  A  uditor — 

H.  W.  Stephens  (R) 3,000 

Jas.  M.  Pitman  (D) 3,131 

County  Assessor — 

H.  Fairfield  (R) 2,88 1 

L.  A.  Spitzer  (D) 3,263 

County  Surveyor — 

Chas.  Herrmann  (R) 3,075 

John  Coombe  (D) 3,065 

Superintendent  of  Schools — 

L.  J.  Chipman  (R) 3,268 

E.  J.  Gillespie  (D) 2,895 

Coroner  and  Public  Administrator-  — 

J.  T.  Harris  (R) 3,135 

A.  McMahon  (D) 2,991 

Total  vote  of  county 6,171 

State  Senator — 

James  R.  Lowe  (R) 3,829 

A.  W.  Saxe  (R) 3,877 

N.  T.  Biddle  (D) 3,266 

M.  Lennon  (D) 3,  H5 

J.  D.  Canney  (Pn) 145 

Robt.  Summers  (G) 213 

Members  of  Assembly — 

63d  Dist— W.  T.  Patterson  (R) 1,347 

B.  E.  Burns  (D) 878 

S.  D.Wood  (P) 76 

64th  Dist— J.  W.  Cook  (R) 1,370 

A.  F.  Sauffrignon  (D) 1,363 

R.  J.  Langford(Pn) 37 

65thDist.— D.  M.  Pyle  (R) 1,125 

Adam  Riehl  (D) 975 

C.  W.  Pedlar  (Pn)    31 

fudges  of  Superior  Court — 

David  Belden  (R) 4,285 

Francis  E.  Spencer  (R) 4,049 

J.  A.  Moultrie  (D) 3,037 

Luis  Argues  (D) 3,013 


F.  E.  Williams  (R) ■.  .2,919 

B.  F.  Branham  (D) 4046 

Giles  E.  McDougall  (G) 152 

D.  D.  Briggs  (Pn) 114 

County  Clerk — 

M.  J.  Ashmore  (R) 3,71 1 

J.  R.  Payne  (D) 3.372 

E.  B.  Fowler  (Pn) 132 

Recorder  and  Auditor — 

C.  J.  Lightston  (R) 3,402 

J.  M.  Pitman  (D) 3,696 

M.  A.  Stidston  (Pn) 134 

Treasurer — 
Rush  McComas  (R) 3,710 

G.  E.  Graves  (D) 3,409 

H.  B.  Land  (Pn) 139 

District  Attorney — 

Howell  C.  Moore  (R) 3,604 

J.  H.  Campbell  (D) 3,597 

Coroner  and  Public  Administrator — 

J.  T.  Harris  (R) 3.652 

J.  R.  Curnow  (D) 3.5  '7 



S2irveyor — 

Chas.  Herrmann  (R) 3,778 

John  Coombe  (D) 3.309 

N.  E.  Beckwith  fPn) 147 

Total  vote  of  county 7,282 

State  Senator— 

3istDist.— A.  W.  Crandall  (R) 1,863 

P.  B.  Tully(D) 1,452 

W.  E.  Ward  (Pn) 106 

32d  Dist.— E.  B.  Conklin  (R) 1,842 

J.  W.  Ryland(D) 1,833 

A.  L.  Kellogg  (Pn) 123 

Members  of  Assembly — 

63d  Dist. — Henry  McCleary  (D) 1,016 

I.  A.  Wilcox  (R) 1,245 

Wm.  Rice(Pn) 98 

64thDist.— Wm.  Vinter(D) 1,215 

C.  M.  Weber  (Rl 1,553 

F.  E.  Caton  (Pn) 66 

65th  Dist— S.  N.  Rucker  (D) i  ,066 

George  Polhemus  (R) 995 

C.  W.  Pedlar  (Pn) 74 


B.  F.  Branham  (D) 3,378 

Jonathan  Sweigert  (R) 3,828 

F.  T.  Holland  (Pn) 190 

County  Clerk — 

C.  F.  Singletary  (D) 3,744 

M.  J.  Ashmore  (R) 3,420 

J.  B.  Capp(Pn) 232 

Auditor  a>id  Recorder — 

David  T.  Bryant  (D) 3,194 

Charles  P.  Owen  (R) 3,987 

Chas.  A.  Tupper  (Pn) 249 

District  A  ttomey — 

J.  H.  Campbell  (D) 3,511 

Howell  C.  Moore  (R) 3,660 

E.  B.  Fowler  (Pn) 240 

Treasurer — 

John  T.  Sherman  (D) 3,042 

Rush  McComas  (R) 4,127 

Geo  Follett  (Pn) 251 

Assessor — 

L.  A.  Spitzer  (D) 3,727 

H.  Fairfield  (R) 3,485 

W.  R.  Bardwell  (Pn) 222 

S7iperintendent  of  Schools — 

E.  Rousseau  (D) 3, 1 36 

L.  J.  Chipman  (R) 4,053 

S.  M.  Severance  (Pn) 238 

Coroner  and  Public  Administrator — 
A.  R.  Tomkin  (D) 3,85 1 

F.  K.  Saxe(R) 3,335 

F.  L.  Voorhies  (Pn) 263 

Surveyor — 

John  Coombe  (D) 3,380 

Chas.  Herrmann  (R) 3,770 

E.  E.  Gary  (Pn) 268 

Total  vote  of  county 7,477 

Following  is  the  vote  cast  in  Santa  Clara  County, 
at  the  different  Presidential  elections,  since  its  organi- 


Pierce  and  King 829 

Scott  and  Graham 682 


Buchanan  and  Breckinridge.  .    809 

Fremont  and  Dayton 576 

Bell  and  Everett 673 


Douglas  and  Johnson 881 

Lincoln  and  Hamlin i,477 

Breckinridge  and  Lane 722 


Lincoln  and  Johnson i,930 

McClellan  and  Pendleton 1,202 


Grant  and  Colfax 2,307 

Seymour  and  Blair 2,330 


Grant  and  Wilson 2,219 

Greeley  and  Brown 1,670 


Hayes  and  Wheeler 3,336 

Tilden  and  Hendricks 3,065 


Garfield  and  Arthur 3,i  16 

Hancock  and  English 2,820 


Blaine  and  Logan 3,839 

Cleveland  and  Hendricks 3.172 

THE  matter  of  furnishing  easy  and  convenient 
means  of  communication  between  the  different 
sections  of  the  county,  has  been  made  an  important 
question  by  the  county  government  since  its  organ- 
ization. The  demand  for  good  roads  has  been  met, 
almost  before  it  was  expressed,  and  the  result  of  this 
policy,  long  continued  with  a  liberal  spirit,  is  seen  in 
the  broad,  smooth,  well-kept  highways  reaching  to 
every  part  of  the  valley,  winding  among  the  foot-hills, 
and  extending  over  the  mountains.  Wherever  pos- 
sible, these  roads  are  watered  during  the  summer 
months,  thus  not  only  making  them  comfortable  to 
travel,  but  preserving  the  solid  bed  and  smooth  sur- 
face. Experience  has  taught  that  this  is  the  best,  as 
well  as  the  most  economical,  system  of  keeping  the 
roads  in  repair. 

Before  the  Americans  came  into  possession,  there 
were,  practically,  no  roads.  Travel  was  chiefly  per- 
formed on  horseback,  and  for  this  a  narrow  trail  was 
sufficient.  Where  the  ox-carts  ran,  there  were  tracks 
a  little  wider,  but  they  had  no  legal  existence  as  roads. 
There  being  no  fences,  and  the  country  being  used 
principally  for  grazing,  there  was  no  necessity  for  the 
warning  to  "keep  off  the  grass,"  and  in  going  from 
one  point  to  the  other,  the  route  was  generally  an  air 
line,  e.xcept  where  intervening  water  courses  com- 
pelled the  traveler  to  seek  an  easy  ford  or  crossing,  or 
where  opposing  hills  required  a  circuit  to  be  made. 
Even  when  wagons  first  came  into  use,  this  system 
was  kept  up,  and  in  the  winter-time,  when  the  ground 
was  wet  and  soft,  the  wagon  tracks  ran  parallel  to 
each  other  to  such  an  extent  that  it  was  a  common 
saying  that  the  road  from  San  Jose  to  San  Francisco 
was  three  miles  wide!  With  the  Americans,  however, 
came  a  different  system.  About  the  first  order  made 
by  the  county  government  after  its  organization,  was 
in  reference  to  public  roads.  This  order  is  of  inter- 
est, as  it  establishes  the  first  highways  in  the  county. 
It  was  made  by  the  Court  of  Sessions  on  the  sixth  day 
of  July,  1850,  and  is  as  follows: — 

"This  ordered  by  the  court,  that  the  following  roads 
be,  and  they  are  hereby  declared,  public  highways 
within  and  for  the  county  of  Santa  Clara,  to  wit: 

''First — A  road  commencing  at  the  city  of  San  Jose 
and  running  where  the  present  road  now  runs,  by 
James  Murphy's,  and  from  thence  to  the  right  of 
Lucencia  Higuera's  ranch,  through  the  Mission  of  San 
Jose  to  the  county  line,  where  the  road  crosses  the 
Arroyo  Delmaya  at  Suiiol's  I'anch. 

"Seco7id — Also  a  road  commencing  at  the  city  of 
San  Jose,  at  First  or  Monterey  Street,  and  running 
where  the  road  now  runs  to  San  Juan,  until  it  reaches 
the  county  line.     (This  is  the  present  Monterey  road.) 

"Third — Also  a  road  commencing  at  the  city  of 
San  Jose,  at  Santa  Clara  Street,  and  running  where 
the  present  road  now  runs,  to  the  Mission  of  Santa 
Clara,  and  from  thence,  by  the  left  hand  road,  to  the 
Old  Indian  Village,  thence  by  Busard's  to  S.  Roble's, 
and  from  thence  where  the  present  road  runs  to  the 
county  line. 

''Fourth — Also  a  road  commencing  at  the  city  of 
San  Jose,  at  Santa  Clara  Street,  and  to  run  where  the 
present  road  now  runs,  to  Santa  Cruz,  through  Fer- 
nandez' ranch,  by  Jones'  mill,  to  the  county  line." 

The  Jones'  mill  here  referred  to  is  the  present  town 
of  Los  Gatos. 

The  third  specification  in  the  order  above  set  forth, 
refers  to  the  road  to  San  Francisco,  S.  Roble's  ranch 
being  the  old  town  of  Mt.  View.  This  road  includes 
the  Alameda,  famous  in  song  and  story.  This  ave- 
nue, as  we  have  previously  related,  was  laid  out  by 
the  Fathers  of  the  mission.  The  trees  were  planted 
by  Father  Maguin  Catala,  the  work  being  performed 
by  the  Indians  under  his  instruction.  There  were, 
originally,  three  rows  of  trees,  one  on  each  side  and 
one  in  the  center.  The  ground  was  moist  and  full  of 
adobe,  which,  when  wet,  made  traveling  a  severe  pen- 
ance. Ditches  were  made  for  the  purpose  of  drain- 
age, but  imperfectly  accomplished  their  object.  The 
shade  of  the  trees  excluded  the   sunshine  and   pre- 




vented  evaporation.  While  during  the  summer 
months  the  Alameda  was  a  most  charming  drive,  for 
four  or  five  months  in  the  year  it  was  almost  impass- 
able for  vehicles.  Travelers  passing  between  the  town 
of  Santa  Clara  and  San  Jose  were  compelled  to  seek 
the  side  of  the  road,  and  often  to  make  a  circuit  of 
four  or  five  miles.  After  dark  it  was  not  unusual  for 
people  to  lose  their  way  and  be  compelled  to  pass  the 
night  in  the  open  air. 

To  meet  this  trouble,  the  county  government  opened 
another  road  to  Santa  Clara  by  way  of  what  is  now 
known  as  Union  Avenue,  back  of  the  fair  grounds. 
This  did  not  entirely  obviate  the  difficulties,  and  in 
1862  a  franchise  was  granted  to  a  company  called  the 
"Alameda  Turnpike  Company,"  granting  them  the 
privilege  of  collecting  toll  on  the  Alameda,  they  to 
keep  the  road  in  good  condition  for  travel.  This 
company  erected  gates,  but,  owing  to  the  nature  of 
the  soil,  could  never  make  a  road  good  in  all  its  parts, 
at  all  seasons.  Many  complaints  were  made,  and 
finally,  in  1868,  the  county  purchased  the  franchise  of 
the  company  and  declared  the  road  free.  The  price 
paid  by  the  county  was  $17,737.50.  In  1870  the  re- 
port went  abroad  that  the  road  occupied  more  ground 
than  belonged  to  it,  and  that  several  feet  on  the 
south  side  was  government  land,  and  subject  to  pre- 
emption. Onenight  a  gang  of  squatters  carried  lumber 
out  on  the  road  and  inclosed  strips  of  land  on  the 
south  side,  and  in  the  morning  many  of  the  residents 
found  themselves  shut  off  from  the  highway.  The 
squatters,  however,  had  nothing  but  their  labor  for 
their  pains,  as  they  were  compelled  to  abandon  their 
claims  unconditionally.  To  prevent  a  recurrence  of 
the  dispute,  an  act  of  Congress  was  procured  in  1871, 
granting  to  the  county  a  right  of  way  for  the  road, 
1 1 5  feet  wide,  and  defining  its  location.  Accurate 
official  surveys  were  made  and  granite  monuments 
placed  so  that  the  exact  lines  should  be  always  pre- 
served. The  final  location  was  accomplished  in  1873. 
After  this  date  extraordinary  efforts  were  made  to 
keep  the  road  in  repair  and  maintain  its  beauty.  These 
efforts  were  measurably  successful.  One  of  the  great- 
est obstacles  in  the  way  of  improvement  was  the 
shade  cast  by  the  center  row  of  trees,  and  propositions 
for  their  removal  were  made  from  time  to  time,  but 
each  proposition  was  met  with  a  remonstrance  from 
the  people,  who  looked  upon  the  gnarled  willows  as  a 
link  connecting  the  past  with  the  present,  and,  al- 
though many  of  the  trees  had  died,  and  others  were 
in  advanced  stages  of  decay,  they  were  retained. 
Finally,  in  1887,  a  proposition  was  made  to  construct 

an  electric  railroad  along  the  center  of  the  avenue. 
In  view  of  this  improvement,  the  people  consented  to 
part  with  the  trees,  and  in  the  same  year  they  were 
removed.  In  the  meantime  a  portion  of  the  road  has 
been  macadamized,  and  it  will  be  paved  throughout 
its  entire  length  as  rapidly  as  circumstances  will  permit. 

The  "Santa  Clara  Avenue,"  or  "Alum  Rock"  road, 
as  it  is  more  generally  called,  is  the  beautiful  avenue 
from  San  Jose  to  the  Alum  Rock  Springs,  in  the 
canon  of  the  Penetencia,  east  of  town.  The  original 
road  was  established  by  order  of  the  Board  of  Super- 
visors in  June,  1866.  There  had  been  a  traveled 
road  there  previously,  but  not  established  by  any 
competent  authority.  In  1872  an  act  was  passed  by 
the  Legislature,  authorizing  the  city  of  San  Jose  to 
survey  and  improve  a  road,  to  be  known  as  the  "Santa 
Clara  Avenue,"  running  from  the  eastern  limits  of  the 
city  to  the  city  reservation  in  the  eastern  foot-hills. 

The  act  provided  for  a  Board  of  Commissioners  to 
be  appointed  by  the  Governor,  who  should  superin- 
tend the  work  of  construction  of  the  road,  and  should 
select  a  tract  of  four  hundred  acres  in  the  caiion,  for 
a  public  park.  To  construct  and  improve  the  road 
and  park,  a  tax  was  provided  on  all  property  in  the 
city  and  all  property  lying  within  three-quarters  of  a 
mile  on  each  side  of  the  proposed  avenue.  This  tax 
was  to  be  ten  cents  on  the  hundred  dollars  for  the 
first  year  and  five  cents  per  year  on  the  hundred  dol- 
lars for  the  next  three  years,  to  be  levied  by  the  city 
and  county  as  other  taxes  were  levied  and  collected. 
With  this  money  the  road  was  constructed  and  trees 
planted.  At  the  end  of  four  years,  when  the  special 
tax  expired,  the  road  was  kept  up  from  the  road  fund 
of  the  road  districts,  in  which  the  avenue  was  situated, 
until  1878,  when  an  act  was  passed  by  the  Legisla- 
ture, authorizing  the  Board  of  Supervisors  to  pay 
these  expenses  from  the  current  expense  fund. 

The  "Saratoga  Avenue"  was  created  at  the  same 
session  of  the  Legislature,  and  in  the  same  manner  as 
the  Santa  Clara  Avenue,  except  that  the  act  provided 
that  the  road  should  be  a  hundred  feet  wide  and  that 
the  special  tax  should  be  levied  and  collected  by  the 
town  trustees  of  the  town  of  Santa  Clara.  The  com- 
missioners began  work,  laid  out  and  opened  the  road, 
but  some  of  the  outside  property  owners  protested 
against  paying  the  tax.  The  objection  was  that  it 
was  an  unconstitutional  assessment,  inasmuch  as  it 
was  to  be  levied  and  collected  by  officers  not  elected, 
who  were  expected  to  pay  it.  The  courts  decided  the 
objection  to  be  valid,  and  the  road  went  into  the  hands 
of  the  county  government  as  a  public  higjiway,  and  all 



improvements  were  paid  for  from  the  road  fund  of  the 
district.  Not  having  a  special  revenue,  it  has  not  been 
improved  as  thoroughly  as  Santa  Clara  Avenue. 

In  early  days  there  seemed  to  be  an  impression  that 
the  most  practical  way  to  improve  the  county  roads 
was  to  grant  franchises  for  toll  companies,  who  were 
to  keep  the  roads  in  repair  in  consideration  of  the 
privilege  of  collecting  tolls.  The  argument  used  was 
that  the  people  who  used  the  roads  ought  to  pay  the 
expense  of  maintaining  them.  Acting  on  this  propo- 
sition, many  such  franchises  were  granted,  some  by 
the  Board  of  Supervisors  and  some  by  the  Legisla- 
ture. The  toll-gate  on  the  Alameda  was  the  out- 
growth of  this  idea. 

In  1861  the  San  Jose  and  Alviso  Turnpike  Com- 
pany secured  a  franchise  to  erect  gates  and  collect 
tolls  on  the  road  from  San  Jose  to  Alviso.  In  1863 
it  was  purchased  by  the  county  for  $5,000  and  de- 
clared a  public  highway.  In  1867  the  Saratoga  and 
Pescadero  Turnpike  received  a  franchise  for  a  toll- 
road  over  the  mountains  from  Saratoga.  In  1880 
this  road  was  purchased  by  the  county  for  $5,000,  and 
the    name  changed  to  the  "Congress  Springs"  road. 

The  Gilroy  and  Watsonville  road  was  a  toll-road  in 
early  days,  but  was  declared  a  public  highway  in 

The  Santa  Cruz  road  from  Los  Gatos  over  the 
mountains  was  a  toll-road,  under  a  franchise  from  the 
State,  up  to  1878,  when  it  was  declared  a  public  high- 
way by  the  Board  of  Supervisors.  The  company  re- 
sisted the  action  of  the  Board  and  attempted  to  main- 
tain its  gates.  This  caused  considerable  excitement, 
and  threatened  serious  trouble.  The  teamsters  went 
in  a  body  and  tore  the  gate  down.  The  company 
fought  the  matter  in  the  courts,  and  the  case  is  now 
pending  on  a  motion  by  the  company  for  a  new  trial. 
In  the  meantime  the  gates  are  down  and  the  road 

The  Pacheco  Pass  road  was  formerly  a  toll-road. 
This  road  is  over  the  mountains  east  of  Gilroy.  In 
1879  it  was  purchased  by  the  county  for  $6,000,  and 
declared  a  public  highway. 

The  purchase  of  the  Pacheco  Pass  road  wiped  out 
the  last  toll-road  in  Santa  Clara  County. 

The  most  prominent,  if  not  the  most  important, 
highway  in  the  county  is  the  Mt.  Hamilton  road, 
or  Lick  Avenue.  It  has  a  world-wide  fame,  for  the 
reason  that  it  leads  to  the  great  Lick  Observatory, 
and  because  it  is  the  best  mountain  road  on  the  con- 
tinent. In  September,  1875,  James  Lick  addressed 
the  Board  of  Supervisors,  saying  that  he  would  locate 

his  observatory  on  Mt.  Hamilton  if  the  county  would 
construct  a  first-class  wagon  road  to  the  summit; 
and,  if  the  county  had  not  sufficient  funds  on  hand  to 
accomplish  the  work,  he  would  advance  the  money 
and  take  the  county's  bonds  for  the  same.  The 
proposition  was  accepted  and  a  preliminary  survey 
was  ordered  October  4,  1875.  The  Committee  on 
Survey  reported  that  the  construction  of  the  road,  in- 
cluding bridges,  would  cost  $43,385.  Mr.  Lick  then 
deposited  $25,000  in  the  Commercial  and  Savings 
Bank  as  a  guaranty  that  he  would  stand  by  his  propo- 

There  was  some  little  delay  caused  by  the  adjust- 
ment of  the  route  to  suit  the  convenience  of  property 
owners,  but  before  the  end  of  the  year  the  preliminary 
matters  had  all  been  arranged.  A.  T.  Herrmann  was 
appointed  engineer  of  the  work,  and  on  the  eighth 
day  of  February,  1876,  the  contract  for  construction 
was  let  to  E.  L.  Derby,  at  the  following  price: — 

Grading,}i  per  rod;  rocking  (where  suitable 
rock  is  found  in  the  cut),  $1.53  per  rod,  and  where 
suitable  rock  is  not  found  in  the  cut,  %1.77  per  rod; 
bridge  at  Smith  Creek,  $1,797.  It  will  be  seen  that 
up  to  this  time  the  work  had  gone  on  with  great 
expedition;  but  now,  the  people  having  had  time  to 
talk  the  matter  over,  considerable  doubt  was  ex- 
pressed as  to  the  advisability  of  the  enterprise.  It 
was  argued  that  the  county  might  go  to  great  ex- 
pense in  building  the  road,  and  that  in  the  end  Mr. 
Lick  might  change  his  mind  in  regard  to  the  location 
of  the  observatory.  In  that  event  the  county  would 
have  a  very  expensive  road  that  would  be  of  very 
little  practical  use.  The  majority  of  the  Board  had 
no  doubt  of  Mr.  Lick's  good  faith,  but  in  order  to 
satisfy  the  popular  demand,  they  arranged  matters 
so  that  Mr.  Lick  deposited  a  further  sum  of  $25,000, 
subject  to  warrants  drawn  for  the  construction  of  the 
road,  and  agreed  to  take  county  bonds  therefor,  paya- 
ble when  the  observatory  was  completed  on  the  mount- 
ain. When  this  point  was  settled,  an  opposition  was 
developed  from  another  source.  Mr.  Furlong,  as  chair- 
man of  the  Board,  had  been  directed  by  the  Board  to 
sign  the  contract  with  Derby  for  the  construction  of 
the  road.  This  he  at  first  refused  to  do,  but  finally  com- 
plied under  protest,  filing  his  written  objections  thereto. 

The  protest  claimed  that  there  was  no  authority  of 
law  for  the  building  of  the  road  in  this  manner,  as  the 
statute  required  all  money  levied  in  any  road  district 
to  be  expended  in  the  district  paying  the  same;  that 
there  was  no  law  for  compelling  the  county  at  large 
to  pay  for  a  road,  and  that  the  county  had  no  author- 



ity  to  enter  into  a  contract  with  Mr.  Liclc  to  advance 
the  money.  The  Board,  to  satisfy  the  former  objec- 
tion, passed  a  resolution  that  they  would  ask  the 
Legislature  to  pass  an  act  authorizing  the  county  to 
issue  bonds  to  the  amount  of  $120,000,  of  which 
$50,000  should  be  applied  to  the  indebtedness  of  the 
several  road  districts  of  the  county,  and  the  balance 
used  to  pay  the  warrants  drawn  for  the  construction 
of  the  proposed  road.  Thus  this  difficulty  was  dis- 
posed of.  There  were  innumerable  minor  obstacles 
to  contend  with  which  caused  much  trouble  and  vexa- 
tion to  the  promoters  of  the  enterprise,  but  they  were 
finally  disposed  of  Up  to  May  22,  1876,  the  sum  of 
$45, 1 1 5.34  had  been  paid  on  Derby's  contract.  In  the 
meantime  there  was  great  dissatisfaction  with  Derby's 
operations,  and  he  had  been  compelled  to  assign  his 
contract  to  his  bondsmen,  who  established  a  trust  for 
their  protection,  drawing  the  money  on  the  contract 
and  paying  the  contractor's  verified  bills.  This  dis- 
satisfaction caused  the  Board  to  appoint  a  committee 
to  investigate  the  work.  The  report  of  the  commit- 
tee showed  grave  misconduct  by  the  contractor  in  the 
prosecution  of  the  work.  They  found  that  the  con- 
tractor had  drawn  $47,687,  while  the  work  he  had 
done  entitled  him  to  only  $42,687;  that  to  complete 
the  road  according  to  specifications  would  require  an 
expenditure  of  $16,819  more. 

The  Board  was  importuned  to  pay  Derby's  debts, 
contracted  for  work  and  material  used  on  the  road. 
The  contractor  and  his  bondsmen  contended  that  the 
work  done  by  Derby  had  cost  about  $65,000  and  that 
there  was  some  $11,000  to  $13,000  of  claims  out- 
standing against  him.  All  propositions  to  relieve 
Derby's  bondsmen  or  to  pay  his  debts  were  rejected 
by  the  Board.  The  last  effort  made  by  Derby  in  this 
direction  was  a  communication  stating  that  the  cost 
of  the  road  to  that  date  was  $64,371,  and  that  he  had 
received  $44,000;  that  if  the  county  would  pay 
$18,000  more  he  would  make  the  road  passable,  or  that 
he  would  finish  the  road  according  to  specifications  for 
$26,500.  This  proposition  was  also  rejected.  On 
the  fourteenth  day  of  July,  the  engineer  estimated 
the  work  done  by  Derby,  at  contract  prices,  at  $52,- 
184,  including  Smith  Creek  bridge.  In  September 
they  declared  his  contract  forfeited.  The  Board  au- 
thorized its  committee  (October  5,  1876)  to  go  on 
and  complete  the  road.  This  the  committee  did,  em- 
ploying Messrs.  Drinkwater  and  Swall  as  superin- 
tendents. January  9,  1877,  the  Lick  Board  of  Trus- 
tees and  the  supervisors  made  an   official  inspection 

of  the  road,  the  trustees  officially  declaring  that  the 
work  had  been  done  in  a  satisfactory  manner,  and 
that  the  road  met  all  the  requirements  made  by  Mr. 
Lick.  This  inspection  was  a  general  holiday  through- 
out the  county,  there  being  about  five  thousand  vis- 
itors to  the  mountain  on  that  day.  January  13  the 
road  was  declared  to  be  fully  completed,  the  total 
cost  being  $73,458.81.  Of  this  amount,  $27,339.87 
was  in  outstanding  warrants  against  the  general  road 
fund.  An  act  was  passed  in  the  Legislature  of  1878, 
authorizing  the  Board  to  issue  bonds  to  pay  these 
warrants  and  accrued  interest,  the  bonds  to  bear  no 
interest,  and  to  be  payable  when  the  observatory  was 
practically  complete. 

This  brief  sketch  of  the  work  on  this  famous  road 
gives  but  an  imperfect  idea  of  the  thousand  obstacles 
that  were  thrust  in  the  path  of  the  enterprise.  There 
were  a  number  of  people  in  the  community  who  could 
see  no  advantage  in  the  improvement,  and  were  con- 
stantly raising  objections,  and  trying  to  thwart  the 
work.  The  Board  of  Supervisors  were  by  no  means 
unanimous  on  the  subject,  and  it  required  a  great 
deal  of  diplomacy  to  secure  the  passage  of  the  proper 
orders  at  the  proper  time.  Probably  the  most  ear- 
nest and  untiring  friend  of  the  road  was  Supervisor 
J.  M.  Battee,  chairman  of  the  road  committee.  To 
his  devotion  to  the  cause  is  due,  more  than  to  any  other 
one  man,  the  successful  termination  of  the  great  work 
that  has  attracted  the  attention  of  the  scientific  world 
to  the  summit  of  Mount  Hamilton.  The  gentlemen 
composing  the  Board  of  Supervisors  during  the  time 
the  Mount  Hamilton  road  was  in  course  of  construc- 
tion were: — 

1875,  W.  N.  Furlong,  chairman;  J.  M.  Battee,  J.  W. 
Boulware,  A.  Chew,  Abram  King,  H.M.Leonard,  Wm. 
Paul.  1 876,  H.  M.  Leonard,  chairman  ;  S.  F.  Ayer,  J.  M. 
Battee,  A.  Chew,  W.  N.  Furlong,  Abram  King,  W. 
H.  Rogers.  1S77-78,  same  as  in  1876,  with  the  ex- 
ception that  J.  M.  Battee  was  chairman. 

As  the  county  has  developed  its  horticultural  re- 
sources, and  it  has  been  ascertained  that  a  very  few 
acres  of  land  is  ample  for  the  maintenance  of  a  fam- 
ily, many  of  the  ranches  have  been  divided  into  small 
tracts,  creating  a  demand  for  more  roads.  This  de- 
mand has  been  met  as  promptly  as  possible  by  the 
Board  of  Supervisors,  until,  at  the  present  time,  there 
are  four  hundred  and  ninety-four  public  highways, 
laid  out,  improved,  and  named,  exclusive  of  streets  in 
incorporated  cities  and  towns  and  roads  in  their  sub- 
urbs.    During  the  fiscal  year  ending  June  30,  1888 



there  was  expended  for  road  purposes,  by  the  super- 
visors,  $76,516.45.     The  expenses  were  distributed  as 

follows: — 

Labor $59,36860 

Lumber 6, 106  22 

Materials 3>790  23 

Bridgework 2,37340 

Repairing  tools i,433   I5 

Land 2,699  25 

Surveying I>495  00 

Gravel  and  rock 336  95 

Implements 276  55 

Sprinkling 7,637  1° 


Under  Mexican  rule,  the  transportation  of  passen- 
gers was  almost  exclusively  on  horseback.  Women 
and  children  would  occasionally  take  passage  for 
short  distances  in  the  rude  carts  of  that  time,  but  jour- 
neys generally,  whether  long  or  short,  were  performed 
in  the  saddle;  as  the  foreigners  came  in,  they  adopted 
the  same  custom,  for  the  reason  that  there  was  no 
other  means  of  conveyance.  When  affairs  became 
settled  after  the  Mexican  War,  and  the  country  began 
to  be  settled  up  with  immigrants  from  the  States, 
other  methods  of  transportation  for  passengers  and 
freight  were  looked  for.  Boats  were  secured  to  ply 
between  San  Francisco  and  Alviso,  and  connection 
with  them  was  made  from  San  Jose  by  such  wagons 
as  could  be  procured.  The  cost  for  passengers  for 
this  trip  was  thirty-five  dollars. 

In  April,  of  1850,  Messrs.  Ackley  and  Morrison 
put  on  a  line  of  stages  to  run  through  to  San  Fran- 
cisco, and  in  the  same  spring,  John  W.  Whisman  put 
on  a  line  to  run  to  San  Jose.  Trips  were  made  tri- 
weekly by  each  line,  thus  giving  a  daily  stage  each 
way.  The  fare  was  thirty-two  dollars,  and  the  sched- 
ule time  was  nine  hours.  In  September  of  that  year. 
Hall  &  Crandall  purchased  Whisman's  route.  The 
roads  became  so  bad  in  the  winter  that  the  stages 
were  withdrawn,  and  travel  to  San  Francisco  went  by 
way  of  Alviso. 

Two  steamboats,  the  fF/w.  Robinson  and  New 
Star,  furnished  the  water  transportation.  This  was 
a  great  improvement  over  the  old  mustang  route,  but 
was  not  yet  satisfactory  to  the  people  of  the  pueblo. 
Early  in  January,  1851,  a  meeting  was  called  for  the 
purpose  of  taking  steps  towards  building  a  railroad  to 
San  Francisco.  The  meeting  was  largely  attended, 
and  very  enthusiastic.  At  this  time  the  road  to 
Santa  Clara  along  the  Alameda  was  impassable,  and 
to  reach  that  town  from  San  Jose  necessitated  a  cir- 
cuit of  about  six  miles,  while  passengers  to  San  Fran- 
cisco were  compelled  to  work  their  passage  for  about 

half  the  distance.  Under  these  circumstances  it  is 
not  surprising  that  the  meeting  should  unanimously 
declare  in  favor  of  a  railroad.  Resolutions  to  this 
effect  were  adopted,  and  books  opened  for  subscrip- 
tions to  the  capital  stock.  Some  subscriptions  were 
made,  and  W.  J.  Lewis  was  appointed  to  make  the 
survey  and  estimate  of  the  cost  of  the  road.  The 
survey  was  completed  in  December,  and  the  estimate 
presented  as  follows:  For  construction  of  the  road, 
$1,385,726.17;  for  buildings  and  fixtures,  $49,000; 
rolling  stock,  etc.,  $104,400;  total  to  put  the  road  into 
operation,  $1,539,126.17.  These  figures  seem  to  have 
had  a  very  depressing  effect  on  the  railroad  enthusi- 
asm of  the  people,  for  we  hear  no  more  of  the  matter 
for  several  years. 

In  July  of  this  year  the  stage  fare  to  San  Francisco 
was  reduced  to  ten  dollars,  and  to  Monterey,  to  twen- 
ty-five dollars.  In  March,  1852,  Messrs.  Reed  and 
Kendall  organized  an  express  to  run  between  San 
Jose  and  San  Francisco  by  way  of  Alviso.  On  the 
eleventh  of  April,  1853,  the  boiler  of  ihe  Jemiy  Lind, 
a  steamer  on  the  Alviso  route,  exploded  with  dis- 
astrous effect.  She  had  left  Alviso  with  one  hundred 
and  fifty  passengers,  among  them  many  prominent 
citizens  of  San  Jose.  When  about  opposite  what  is 
now  Redwood  City,  the  explosion  occurred,  killing 
many  and  wounding  others.  Among  those  killed 
were  J.  D.  Hoppe,  Charles  White,  and  Bernard  Mur- 
phy. This  accident  spread  a  gloom  over  the  com- 
munity. A  public  meeting  was  called  and  resolutions 
expressing  sympathy  with  the  afflicted  were  adopted. 

In  October  of  this  year  the  first  telegraph  line  was 
built  connecting  San  Jose  with  San  Francisco.  It 
was  a  great  mystery  to  the  native  population,  some 
of  whom  thought  the  Americans  had  all  turned  Cath- 
olics and  were  erecting  innumerable  crosses  as  a  tes- 
timony of  their  faith.  It  was  cause  of  great  rejoicing 
among  the  people.  The  establishment  of  telegraphic 
communication  revived  the  desire  for  a  railroad, 
and  much  talk  was  indulged  in.  No  effective  steps 
were  taken,  however,  except  an  ordinance  passed  by 
the  common  council,  granting  St.  James  Park  for 
depot  grounds.  The  cost  of  building  the  road  and 
the  small  amount  of  freight  in  sight  did  not  promise 
very  favorably  as  an  investment  for  capital,  and  the 
enterprise  again  slumbered  for  a  number  of  years. 

In  1856  an  omnibus  line  was  established  between 
San  Jose  and  Santa  Clara  by  Crandall  Brothers,  and 
in  1857  a  weekly  express  to  Sonora  was  put  on  by 
Wm.  H.  Hoy. 

The  growth  of  business  in  San  Jose  and  the  devel- 



opment  of  the  surrounding  country  brought  the  rail- 
road question  again  to  the  front  in  1859.  There  had 
been  a  large  increase  in  wealth  and  population  and 
this  time  the  people  determined  that  something 
should  be  accomplished.  A  meeting  was  held  in 
February  to  discuss  the  question  of  building  a  short 
line  of  railroad  to  Alviso  to  connect  with  fast  boats 
to  Alviso.  Estimates  were  presented  showing  that 
it  would  cost  $10,000  per  mile,  or  between  $150,000 
and  $200,000  to  put  the  line  in  running  condition. 
Books  were  opened  and  subscriptions  solicited,  but 
before  enough  money  could  be  secured  to  warrant 
the  commencement  of  the  work,  another  proposition 
was  made  that  caused  a  suspension  of  the  effort  in 
this  direction. 

A  company  had  been  organized  in  San  Francisco 
to  build  a  railroad  to  San  Jose  by  way  of  San  Mateo 
and  Redwood  City.  This  company  wanted  Santa 
Clara  County  to  take  $200,000  worth  of  the  stock  of 
the  enterprise.  It  was  found  impossible  to  raise  this 
amount  by  individual  subscription,  and  in  1861  an 
act  was  secured  by  the  Legislature  authorizing  the 
county,  through  its  Board  of  Supervisors,  to  subscribe 
for  this  amount  of  stock,  provided  that  the  people,  at 
a  regularly  called  election,  should  indorse  the  meas- 
ure. An  election  was  held  with  the  following  result: 
In  favor  of  subscribing  for  the  stock,  1,497  votes; 
against  the  proposition,  725  votes;  majority  for  tak- 
ing the  stock,  722.  No  time  was  lost,  and  the  Board 
of  Supervisors  on  the  twenty-fifth  of  May  made  the 
subscription  and  ordered  bonds  issued  for  the  pay- 
ment of  the  same.  These  bonds  bore  interest  at  the 
rate  of  seven  per  cent  per  annum,  and  were  payable 
in  fifteen  years.  The  work  of  building  the  road 
commenced  immediately,  and  on  the  sixteenth  day 
of  January,  1864,  the  road  was  completed  and  form- 
ally opened  with  a  grand  excursion  to  San  Jose. 
There  was  great  rejoicing  when  the  first  train  arrived. 
Flags  were  hoisted  and  everybody  took  a  holiday. 

The  county  had  a  railroad,  but  it  also  had  an  in- 
debtedness of  $200,000,  on  which  it  was  paying  a 
large  interest.  The  question  was  soon  mooted  as  to 
whether  it  would  not  be  policy  to  sell  the  railroad 
stock  owned  by  the  county  and  apply  the  proceeds 
toward  extinguishing  this  debt.  As  the  stock  was 
paying  no  dividends,  an  affirmative  conclusion  was 
soon  reached.  The  Legislature  was  appealed  to,  and 
in  April,  1864,  an  act  was  passed  authorizing  the 
county  to  sell  the  stock  owned  by  it  in  the  "San 
Francisco  &  San  Jose  Railroad,"  and  to  apply  the 
proceeds    to    the  redemption    of   county    bonds.     In 

November,  1864,  B.  G.  Lathrop  offered  to  buy  the  stock 
and  pay  $300,000  in  currency.  This  would  be  equiv- 
alent to  about  $170,000  in  gold.  The  proposal  was 
accepted,  but  Lathrop  neglected  to  make  his  offer 
good,  and  the  transaction  was  canceled.  In  Febru- 
ary, 1865,  Messrs.  C.  B.  Polhemus,  Peter  Donahue, 
and  H.  M.  Newhall,  offered  to  buy  the  stock  for  $200,- 
000,  either  in  currency  or  in  the  bonds  of  the  county, 
which  had  been  issued  to  pay  for  the  stock  when  it 
was  subscribed  by  the  county.  On  March  4  an 
agreement  was  made  with  these  parties  as  follows: 
the  purchasers  were  to  pay  the  sum  of  $200,000, 
either  in  currency  or  county  bonds,  as  above  stated, 
payment  to  be  made  in  eighteen  months  from  April 
4,  1865;  the  purchasers  in  the  meantime  were  to 
have  the  right  to  represent  and  vote  the  stock  at  any 
meeting  of  the  stockholders,  and  after  the  expiration 
of  eight  months  were  to  pay  to  the  county  treasurer 
all  interest  that  might  accrue  on  the  county  bonds 
above  referred  to.  Having  the  default  of  Mr.  Lathrop 
in  mind,  the  Board  of  Supervisors  exacted  from  the 
purchasers  a  bond  for  the  fulfillment  of  their  contract. 
Notwithstanding  this  bond,  the  purchasers  neglected  to 
comply  with  the  contract  until  the  Board  lost  pa- 
tience, and  in  1867  directed  suit  to  be  brought.  This 
brought  the  purchasers  to  the  front  with  propositions 
for  a  compromise,  and  the  suit  was  discontinued 
pending  these  negotiations.  This  lasted  for  two 
years  more,  when,  there  being  no  prospect  of  an 
amicable  settlement,  suit  was  again  instituted  in  1869. 
In  this  interval  Mr.  Polhemus  had  disposed  of  his 
interest  in  the  Railroad  Company,  and  had  been  suc- 
ceeded by  Mr.  Mayne.  The  purchasers  then  made 
another  proposition,  to  the  effect  that  they  would  pay 
for  the  stock  $100,000  in  money  and  would  build  a 
line  of  railroad  from  San  Jose  to  Gilroy.  This  prop- 
osition was  accepted,  and  its  terms  complied  with. 
In  1869  the  railroad  was  extended  to  Gilroy. 

In  1863  the  Western  Pacific  Railroad  Company 
was  constructing  that  portion  of  the  transcontinental 
railroad  between  Sacramento  and  Oakland,  and  of- 
fered, if  the  county  would  subscribe  $150,000  to  its 
capital  stock,  to  construct  a  branch  from  Niles  to  San 
Jose,  thus  placing  this  city  on  the  through  overland 
line.  On  the  fourteenth  of  April,  1863,  an  act  was 
passed  authorizing  the  county  to  make  this  subscrip- 
tion, and  the  election  held  for  this  purpose  resulted  as 
follows: — 

For  subscribing  to  the  stock,  1,01 1  votes;  against, 
479  votes;  majority,  532  votes.  With  this  authoriza- 
tion the  Board  subscribed  for  $150,000  of  the  stock, 



and  directed  the  issue  of  seven  per  cent  bonds  payable 
in  twenty  years,  in  payment  thereof.  These  bonds 
were  issued  as  follows: — 

March  27,  1865,  $45,000;  August  19,  1865,  $60,000; 
October  23,  1865,  $45,000.  In  September,  1869,  this 
road  was  completed,  but  it  never  met  the  expecta- 
tions of  the  people.  It  gave  two  routes  to  San  Fran- 
cisco instead  of  one,  but  as  there  was  no  competition 
between  them,  it  had  no  effect  in  reducing  the  rates  of 
fare  or  freight.  The  stock  paid  no  dividends,  but  in 
the  manipulation  of  the  road  it  became  necessary  that 
it  should  be  got  out  of  the  hands  of  the  county.  Ac- 
cordingly, in  1 87 1  a  movement  was  made  for  its 
purchase.  Under  the  act  of  1864,  the  supervisors  had 
authority  to  sell,  but  they  thought  best  to  submit  the 
matter  to  a  vote  of  the  people  before  acting.  Ac- 
cordingly, a  special  election  was  held  with  the  follow- 
ing result: — 

For  selling  the  stock,  2,001  votes;  against,  2,368 
votes;  majority  against,  367.  Notwithstanding  this 
result,  the  Board,  at  its  session  in  October,  1871,  re- 
solved that  it  was  for  the  best  interests  of  the  county 
that  the  stock  should  be  sold,  and  appointed  agents 
to  negotiate  the  sale,  the  agents  to  receive  a  com- 
mission of  ten  per  cent  on  the  amount  received  for 
the  sale.  In  February,  1872,  a  sale  was  consummated, 
David  Colton  being  the  purchaser,  for  $120,000.  The 
claim  of  the  agents  was  compromised  for  $9,000,  leav- 
ing a  net  loss  to  the  county  of  $39,000. 

These  two  railroads  are  now  part  of  the  Northern 
Division  of  the  Southern  Pacific  Company. 

As  the  country  to  the  north  of  San  Jose  began  to 
develop  fruit  culture,  especially  strawberries,  black- 
berries, etc.,  necessity  was  found  for  a  more  con- 
venient and  rapid  means  of  transportation  to  San 
Francisco.  The  two  railroads  already  constructed 
just  skirted  the  border  of  this  fruit  district,  and  ship- 
pers were  compelled  to  haul  their  fruit  to  San  Jose, 
Santa  Clara,  or  Milpitas  to  get  it  on  the  cars;  arrived 
in  San  Francisco,  it  had  to  be  hauled  on  trucks  for  a 
long  distance  from  depot  to  market,  and  this,  besides 
the  delay,  bruised  and  injured  the  fruit,  to  the  great 

loss  of  the  producer.  In  addition  to  these  inconven- 
iences, the  railroad  company  could  not  see  the  ne- 
cessity of  adopting  a  time  schedule  to  accommodate 
this  traffic.  This  caused  the  question  of  a  narrow- 
gauge  railroad  to  connect  with  fast  boats  at  Alviso 
to  be  revived.  In  1870  a  meeting  was  held  and  sub- 
scription books  opened.  Strenuous  efforts  were  made 
to  get  the  stock  taken.  Chief  among  the  promoters 
of  the  scheme  were  John  G.  Bray,  then  president  of 
the  Bank  of  San  Jose,  S.  A.  Bishop,  and  Cary  Peebels. 
Pending  the  floating  of  the  stock,  a  fast  boat  was 
put  on  the  line  between  Alviso  and  San  Francisco,  and 
the  fruit-growers  hauled  to  the  Alviso  wharf  instead 
of  shipping  by  rail.  The  narrow-gauge  proposition 
made  but  little  progress  for  several  years,  when  a 
company  was  formed  called  the  "Santa  Clara  Valley 
Railroad  Company,"  but  it  accomplished  nothing  ex- 
cept to  establish  an  office  in  San  Jose  and  procure  a 
few  conditional  rights  of  way.  Finally,  in  1876,  a  new 
company  was  formed,  under  the  name  of  the  "South 
Pacific  Coast  Railroad  Company,"  with  A.  E.  Davis 
as  its  president.  This  company  asked  no  favors. 
It  had  money  to  buy  everything  it  needed,  including 
the  right  of  way.  It  built  the  road,  and  in  April, 
1878,  the  first  train  came  into  San  Jose,  and  in  May 
the  road  was  opened  for  business.  They  immediately 
proceeded  to  extend  the  line  south  to  Santa  Cruz,  and 
completed  it  after  much  time  and  labor  spent  in  tun- 
neling the  mountains.  The  road  did  a  prosperous 
business  from  the  first.  In  1887  it  sold  out  to  a  syn- 
dicate of  stockholders  of  the  Southern  Pacific,  and 
changed  the  name  to  the  "South  Pacific  Coast  Rail- 
way." In  1886  a  branch  was  constructed  to  the 
Almaden  mines,  leaving  the  main  line  at  Campbell. 
In  the  same  year  the  Southern  Pacific  built  a  line  to 
the  same  point,  connecting  with  the  trunk  line  at 

In  1885  a  railroad  was  projected  from  Murphy's,  on 
the  Southern  Pacific  Road,  near  Mountain  View,  to 
Saratoga.  Several  miles  of  this  road  were  constructed, 
but,  there  not  being  money  enough  under  control  of 
the  projectors,  the  enterprise  was  abandoned. 


^^   ON    MOUNT    HAMILTON.  ^ 



THE  history  of  the  great  observatory  on  Mt.  Hamil- 
ton, containing  the  largest  telescope  in  the  world, 
and  the  biography  of  its  founder  must  necessarily  be 
both  interesting  and  important.  James  Lick  was  of  a 
quiet,  uncommunicative  disposition,  and  left  but  little 
from  which  to  write  his  life  history.  The  prominence 
which  he  achieved  by  his  princely  gift  to  science  has 
caused  people  from  all  sections  of  the  country  to  re- 
call incidents  of  his  life,  and  these  fragments  have  been 
gathered  together  and  woven  into  a  connected  narra- 
tive by  the  San  Jose  Mercury,  from  which  we  compile 
the  following: — 

James  Lick  was  born  at  Fredericksburg,  Pennsyl- 
vania, August  25,  1796.  His  ancestors  were  of  Ger- 
man extraction  and  spelled  the  family  name  "Liik." 
His  grandfather  had  come  to  America  early  in  the 
century  and  had  served  in  the  army  of  Wasliington 
during  the  War  of  the  Revolution.  Nothing  is  known 
of  the  life  of  James  Lick,  until  at  the  age  of  twenty- 
one  years  he  entered  himself  as  an  apprentice  to  an 
organ-maker  at  Hanover,  Pennsylvania.  He  worked 
here  for  a  short  time,  and  in  18 19  took  a  position  in 
the  employ  of  Joseph  Hiskey,  a  prominent  piano 
manufacturer  of  Baltimore,  Maryland.  An  incident 
of  his  experience  here  has  been  recalled. 

One  day  a  penniless  youth,  named  Conrad  Meyer, 
applied  at  the  factory  for  employment.  He  attracted 
the  fancy  of  young  Lick,  who  took  the  stranger  in 
charge,  provided  him  with  food  and  proper  clothing, 
and  secured  him  a  place  in  the  establishment.  The 
friendship  thus  formed  lasted  through  life.  The  pref- 
erence of  James  Lick  for  the  youth  was  justified  by 
his  later  life.  In  1.854  the  pianos  of  Conrad  Meyer 
took  the  first  prize  in  the  London  International  Ex- 
hibition, their  maker  possessing  an  immense  manufac- 
tory in  Philadelphia  and  ranking  as  one  of  the  most 
eminent  piano-makers  in  the  United  "States. 

In  1820  James  Lick  left  the  employment  of  Joseph 
Hiskey  and  went  to  New  York,  expecting  to  start  in 
business  on  his  own  account.  This  venture  was  re- 

stricted  by  his  want  of  capital,  and,  if  attempted  at 
all,  was  brief,  for  in  the  following  year  he  left  the 
United  States  for  Buenos  Ayres,  South  America,  with 
the  intention  of  devoting  himself  there  to  his  trade. 
He  found  the  Buenos  Ayreans  of  that  period  a  singu- 
larly handsome  and  refined  race  of  almost  purely 
Spanish  extraction,  and  attaining,  by  their  mode  of 
life  in  the  fine  climate  of  that  region,  a  remarkable 
physical  and  social  development.  By  careful  atten- 
tion to  business  he  prospered  among  them,  accumu- 
lating a  considerable  competence  during  his  first  ten 
years  of  South  American  experience.  "In  1832," 
writes  his  friend  Conrad  Meyer,  in  the  Philadelphia 
Btdletin,  "  I  was  in  business  on  my  own  account  on 
Fifth  Street  near  Prune,  Philadelphia,  when  I  was 
suddenly  surprised  one  day  at  seeing  James  Lick 
walk  in.  He  had  just  arrived  from  South  Amer- 
ica, and  had  brought  with  him  hides  and  nutria  skins 
to  the  amount  of  $40,000,  which  he  was  then  dis- 
posing of  Nutria  skins  are  obtained  from  a  species 
of  otter  found  along  the  River  La  Plata.  He  stated 
that  he  intended  settling  in  Philadelphia,  and  to 
this  end  he  some  days  later  rented  a  house  on  Eighth 
Street,  near  Arch,  with  the  intention  of  manufact- 
uring pianos,  paying  $400  as  rental  for  one  year 
in  advance.  In  a  few  days  he  left  for  New  York  and 
Boston,  and,  writing  me  from  the  latter  city,  an- 
nounced that  he  had  given  up  the  idea  of  remaining 
permanently  in  Philadelphia,  and  requested  that  I 
should  call  on  the  house  agent  and  make  the  best  set- 
tlement I  could  with  him.  I  did  so,  and  receiving 
from  him  $300  out  of  the  $400,  I  returned  the  key." 
The  sudden  change  of  purpose  which  led  James  Lick 
to  abandon  his  design  of  remaining  in  Philadelphia 
and  return  to  South  America  seems  to  indicate  a 
whimsical  temper.  It  may  be,  however,  that  during 
his  ten  years'  stay  in  Buenos  Ayres  he  cherished,  as 
many  men  do,  an  ideal  of  his  youth,  and  dreamed  out 
a  business  career  in  his  native  land  which,  when  he 
returned  to  it,  he  saw  to  be  impracticable.     He  went 



back  to  Buenos  Ayres,  filled  certain  piano  orders  he 
had  taken,  settled  his  affairs  there,  and  sailed  for  Val- 
paraiso, Chili,  where  for  four  years  he  followed  his 
vocation.  Occasionally  his  friend,  Conrad  Meyer, 
heard  from  him,  the  correspondence  being  limited  to 
orders  for  pianos  to  be  shipped  to  him,  with  drafts 
for  their  payment;  but  outside  of  these  indications 
that  Mr.  Lick  was  engaged  in  trade,  little  is  known  of 
his  life  in  Valparaiso  or  the  business  ventures  he  en- 
gaged in  outside  of  his  trade.  At  the  end  of  four 
years  he  quitted  Valparaiso,  and  went  to  Callao,  Peru. 

He  lived  in  Peru  for  eleven  years,  occupying  himself 
in  manufacturing  pianos,  with  occasional  investments 
in  commercial  enterprises.  That  he  was  successful  is 
shown  by  the  statement,  made  by  himself,  that  in 
1845  he  was  worth  $59,000.  At  this  time  he  began 
to  think  seriously  of  coming  to  California.  His  friend, 
Mr.  Foster,  of  the  house  of  Alsop  &  Co.,  of  Lima, 
urged  him  to  remain  in  Peru.  He  told  Lick  that  the 
United  States  would  not  acquire  California;  that  the 
inhabitants  were  a  set  of  cut-throats  who  would  mur- 
der him  for  his  money,  and  that  it  would  be  folly  for 
him  to  abandon  a  lucrative  business  to  go  to  a  new 
country  that  had  so  bad  a  reputation.  To  all  these 
arguments  Mr.  Lick  replied  that  he  knew  the  charac- 
ter of  the  American  Government;  that  it  was  not 
of  a  nature  to  let  go  of  a  country  it  had  once  acquired, 
and  as  for  being  assassinated,  he  had  confidence  in 
his  own  ability  to  protect  himself  He  determined  to 
go,  but  before  he  could  go  he  had  to  fill  orders  for 
several  pianos  he  had  contracted  for.  This  would  not 
have  been  a  difficult  matter  had  it  not  been  for  the 
fact  that,  at  this  juncture,  all  his  workmen  left  him  to 
go  to  Mexico.  As  he  could  not  replace  them,  he 
went  to  work  himself,  and  after  two  years  of  hard  labor 
finished  the  last  of  the  pianos.  He  determined  that 
there  should  be  no  further  delay  in  his  departure. 

His  stock,  which  his  inventory  showed  him  was 
worth  $59,000,  he  sacrificed  for  $30,000.  This  money, 
which  was  in  Spanish  doubloons,  he  secured  in  a  large 
iron  safe,  which  he  brought  with  him  to  California. 
Among  the  odd  articles  which  James  Lick  brought 
to  California  from  Peru  was  the  work-bench  which 
he  had  there  used  in  his  trade.  It  was  not  an  elab- 
orate affair,  and  the  object  of  its  deportation  to 
this  land  of  timber  hardly  appears,  unless  Mr.  Lick 
had  acquired  an  affection  for  this  companion  of 
his  daily  labors.  He  retained  this  bench  through  all 
his  California  experience,  and  it  now  stands  in  the 
hall  of  the  Lick  Observatory  at  Mt.  Hamilton. 

Mr.  Lick  arrived  in  San  Francisco  late  in  1847.  At 

that  time  there  was  little  to  indicate  the  future  pros- 
perity of  the  metropolis  of  the  Pacific  Coast.  Cali- 
fornia Street  was  its  southern  boundary,  while  San- 
some  Street  was  on  the  water  front.  Sand  dunes 
stretched  out  to  the  southern  and  western  horizon, 
with  occasionally  a  rough  shanty  to  break  the  mo- 
notony of  the  landscape.  Mr.  Lick  quietly  invested 
his  money  in  these  sand  hills,  paying  dollars  for  lots 
that  were  not  considered,  by  the  inhabitants,  as  worth 
cents.  He  came  to  Santa  Clara  County  and  pur- 
chased the  property  north  of  San  Jose,  on  the  Guad- 
aloupe,  which  afterwards  became  famous  as  the  Lick 
Mills  property.  He  also  bought  the  tract  of  land 
just  inside  the  present  southern  city  limits,  and  which 
was  afterwards  known  as  the  Lick  Homestead.  All 
these  lands  were  vacant  and  unimproved;  at  this  time 
the  agricultural  lands  were  not  considered  of  any 
value.  Even  as  prominent  and  intelligent  a  man  as 
John  B.  Weller  said  he  "would  not  give  six  bits  for 
all  the  agricultural  lands  in  California."  It  is  a  ques- 
tion with  some  people  as  to  whether  these  purchases 
by  Mr.  Lick  were  the  result  of  luck  or  foresight. 
Although  considered  eccentric,  Mr.  Lick's  business 
sagacity  has  never  been  doubted,  and  it  is  fair  to  sup- 
pose that  he  foresaw  the  commercial  importance  of 
San  Francisco,  and  the  future  agricultural  importance 
of  the  fields  of  the  Santa  Clara  Valley. 

During  seven  years  after  his  arrival  Mr.  Lick  en- 
gaged in  no  particular  business  other  than  to  invest  his 
Spanish  doubloons  as  above  stated.  The  first  improve- 
ment of  his  property  made  by  Mr.  Lick  was  done  upon 
that  portion  of  his  Santa  Clara  County  lands  known 
as  the  "Lick  Mill  Tract."  An  old  flour  mill  had  stood 
upon  the  property  when  he  purchased  it  in  1852,  and 
this  fact  may  have  moved  his  mind  toward  the  erec 
tion  at  that  point  of  his  own  mill.  In  1853  he  began 
to  lay  the  plans  and  gather  the  material  he  intended 
to  employ  in  its  construction.  In  1855  work  was  be- 
gun, and  to  those  who  saw  the  structure  rise,  it  was 
the  wonder  of  the  time.  The  wood  of  which  its  in- 
terior finish  was  composed,  was  of  the  finest  mahog- 
any, finished  and  inlaid  in  the  most  solid,  elegant,  and 
expensive  style.  The  machinery  imported  for  its 
works  was  also  of  a  quality  never  before  sent  to  the 
Pacific  Coast.  The  entire  cost  of  the  mill  was  esti- 
mated by  Mr.  Lick  himself,  at  $200,000.  It  became 
known  by  the  name  of  the  "Mahogany  Mill,"  or 
perhaps  more  commonly  as  "Lick's  Folly."  When 
put  in  operation  it  turned  out  the  finest  brand  of 
flour  on  the  Pacific  Coast.  It  will  always  be  a  mat- 
ter of  doubt  whether  this  mill  was  erected   by  Mr. 



Lick  as  a  whim  of  his  eccentric  nature  or  as  a  protest 
against  the  flimsy,  cheap,  and  temporary  style  of 
building  then  common  to  the  new  State. 

There  is  a  romantic  legend  preserved  in  the  mem- 
ory of  the  old  acquaintances  of  Mr.  Lick  which  goes 
to  explain  the  origin  of  the  famous  mill.  The  tale 
runs  that  when  Lick  was  a  boy  he  was  apprenticed  to  a 
miller  who,  besides  the  possession  of  a  competency 
and  a  flourishing  business,  had  also  an  exceedingly 
pretty  daughter.  Strange  as  the  assertion  may  seem 
to  those  who  were  acquainted  only  with  the  unlovely 
old  age  of  this  strange  character,  James  Lick  was  a 
comely  young  man,  and  upon  him  the  miller's  daugh- 
ter cast  approving  ejes.  Lick  met  her  more  than  half- 
way, and  a  warm  attachment  sprang  up  between  the 
apprentice  and  the  heiress.  The  ancient  miller,  how- 
ever, soon  saw  the  drift  of  matters,  and  interposed  his 
parental  authority  to  break  the  peaceful  current  of 
true  love.  Young  Lick  declared  that  he  loved  the 
girl  and  wished  to  marry  her,  with  her  father's  con- 
sent. Thereupon  Hans  became  indignant,  and,  point- 
ing to  his  mill,  exclaimed:  "Out,  you  beggar  !  Dare 
you  cast  your  eyes  upon  my  daughter,  who  will  in- 
herit my  riches  ?  Have  you  a  mill  like  this  ?  Have 
you  a  single  penny  in  your  purse?"  To  this  tirade 
Lick  replied  that  he  had  nothing  as  yet,  but  one  day 
he  would  have  a  mill  beside  which  this  one  would  be 
a  pig-sty  ! 

Lick  at  once  departed,  and  at  length  drifted  to  Cal- 
ifornia, seeking  the  fortune  which  in  one  minute  he 
had  determined  to  possess,  and  which  determination 
never  afterward  for  a  moment  left  him.  Nor  did  he 
forget  his  last  words  to  the  miller.  When  he  was  a 
rich  man  he  built  this  mill,  and  when  it  was  finished 
there  had  been  nothing  left  undone  which  could  have 
added  to  the  perfection  of  its  appointments.  Its  ma- 
chinery was  perfect,  and  its  walls  and  floors  and  ceil- 
ings of  polished,  costly  woods.  Not  being  able  to 
bring  the  miller  to  view  the  realization  of  his  boyish 
declaration.  Lick  caused  the  mill  to  be  photographed 
within  and  without,  and,  although  his  old  sweetheart 
had  long  since  been  married,  he  sent  her  father  the 
pictures  and  recalled  to  him  the  day  he  boasted  of  his 

Although  the  Mahogany  Mill  gratified  Mr.  Lick's 
pride  in  its  construction  and  in  the  brand  of  its  product, 
and  although  it  may  have  satisfied  the  ancient  grudge 
against  the  traditional  miller,  it  was  not  a  financial 
success.  The  periodical  floods  of  the  Guadaloupe 
River  inundated  the  lands  about  it,  destroyed  his  or- 
chards and  roads,  and  interfered  with  the  operation  of 

the  mill.  In  the  year  1873  he  surprised  everybody 
with  the  gift  of  the  whole  property  to  the  Thomas 
Paine  Memorial  Association  of  Boston.  For  some 
years  he  had  been  a  close  student  and  great  admirer 
of  the  writings  of  Paine,  and  he  took  this  means  of 
proving  the  faith  that  was  in  him.  On  January  16, 
1873,  he  made  a  formal  transfer  of  the  property  to 
certain  named  trustees  of  the  association,  imposing 
upon  these  the  trust  to  sell  the  same  and  donate  one- 
half  ofthe  proceeds  to  the  building  of  a  memorial  hall 
in  Boston,  and  so  invest  the  other  half  that  a  lecture 
course  could  be  maintained  out  of  its  increase.  The 
association  sent  an  agent  out  to  California  to  look  over 
the  acquisition,  with  power  to  deal  with  it.  Without 
consulting  Mr.  Lick,  he  sold  the  property  for  about 
$18,000,  and  returned  home,  at  which  proceeding  the 
donor  was  so  completely  disgusted  that  he  lost  all  his 
past  interest  in  the  advancement  of  the  theories  of 
Thomas  Paine ! 

The  next  scheme  of  improvement  to  which  Mr. 
Lick  turned  his  attention  after  the  completion  of  his 
mill  was  the  erection  of  the  Lick  Hotel  in  San  Fran- 
cisco. He  had  bought  the  property  upon  which  it 
stands  for  an  ounce  of  gold-dust,  soon  after  his  arrival 
in  California,  and  until  1861  it  had  lain  idle  and  un- 
improved. The  lot  originally  extended  the  entire 
length  of  the  block,  on  Montgomery  Street,  from 
Sutter  to  Post,  and  the  hotel  would  have  covered  this 
space  had  not  Mr.  Lick  sold  the  Post  Street  corner 
to  the  Masonic  order.  The  story  goes  that  Alexander 
G.  Abell,  on  behalf  of  the  Masons,  approached  Mr. 
Lick  with  an  offer  to  buy  the  property.  The  owner, 
in  accordance  with  his  seldom  violated  custom,  refused 
to  part  with  the  property,  until  Mr.  Abell  frankly  ex- 
plained that  the  Masons  had  been  all  over  the  city 
looking  for  a  site  and  could  find  none  that  answered 
their  requirements  like  this,  when  Mr.  Lick  gave  way 
and  sold  them  the  corner.  The  hotel  is  a  familiar 
object  to  all  who  visit  San  Francisco.  At  the  time 
of  its  construction  it  was  the  finest  hostelry  on  the 
Pacific  Coast,  and  it  still  ranks  well  up  among  first- 
class  family  hotels.  Its  internal  finish  was,  in  the 
main,  designed  by  Mr.  Lick  himself,  who  took  a 
special  pride  in  the  selection  of  fine  materials  and  in 
their  combination  in  artistic  and  effective  forms.  The 
dining-room  floor  of  the  hotel  is  a  marvel  of  beauti- 
ful wood-work,  made  out  of  many  thousand  pieces  of 
different  wood,  and  all  polished  like  a  table.  It  was 
probably  the  early  devotion  of  Mr.  Lick  to  the  trade 
of  a  piano-maker  which  caused  him  to  take  this  keen 
delight   in   the  use  of  fine  woods,  which  manifested 



itself  both  in  his  Mahogany  Mill  and  in  the  Lick  Hotel. 

That  part  of  the  life  history  of  James  Lick  which 
lies  between  the  years  1861  and  1873  is  full  of  inter- 
est to  those  who  would  form  a  correct  estimate  of  the 
man.  The  course  of  affairs  had  amply  justified  his 
early  judgment  of  the  future  values  of  California  real 
estate.  His  sand-hill  lots,  bought  for  a  song  in  1848, 
grew  to  be  golden  islands  of  wealth  amid  the  rising 
rivers  of  metropolitan  trade.  The  investments  made 
in  Santa  Clara  County  lands  all  proved  profitable 
and  yielded  rich  returns.  By  the  very  bull-dog  tenac- 
ity with  which  he  hung  to  his  acquisitions,  he  became, 
during  the  '6o's,'  one  of  the  wealthiest  men  on 
the  Pacific  Coast.  His  reputation,  too,  was  State- 
wide, made  so  not  only  by  his  wealth,  but  by  the 
rumor  of  his  eccentricities.  He  had  already  passed 
the  age  of  sixty  years,  when  most  men  begin  to 
"glide  into  the  lean  and  slippered  pantaloon."  He 
even  attained  and  overstepped  the  prophetic  boundary 
of  three-score  years  and  ten.  Yet  he  still  maintained 
the  positive,  energetic,  self-possessed  individuality  of 
his  earlier  years. 

It  is  very  probable  that  the  advancing  age  of  James 
Lick  acted  upon  his  nature  in  developing  into  active 
eccentricities  the  natural  peculiarities  of  his  disposi- 
tion. Most  of  the  pioneers  who  1  emember  him  during 
the  first  decade  of  his  California  career,  describe  him 
as  a  close,  careful,  self-contained  man,  cold  and  some- 
times crabbed  of  disposition,  going  his  own  lonely 
way  in  business  and  in  life.  Those  who  knew  him 
between  '61  and  '73  intensify  these  characteristics  and 
declare  him  to  have  been  miserly,  irascible,  selfish, 
solitary,  who  cherished  little  affection  for  his  race  or 
kin,  and  whose  chief  delight  appeared  to  lie  in  the 
indulgence  of  the  vi^hims  of  a  thorny  and  unfragrant 
old  age.  It  is  probable  that  this  later  estimate  of  Mr. 
Lick  presents  his  character  with  too  much  of  shadow, 
and  that,  as  our  narrative  develops,  and  combines 
the  incidents  and  traditions  of  this  period  of  his  life, 
and  lays  them  alongside  the  grand  conceptions  of  his 
closing  years,  his  real  self  will  be  revealed  in  outlines 
less  repulsive  and  more  consistent  with  the  achieve- 
ments of  his  completed  career.  In  fact,  from  these 
few  men  who  held  the  confidence  and  shared  in  all 
the  plans  of  Mr.  Lick,  has  ever  gone  out  the  denial 
that  he  was  miserly  or  selfish  or  forgetful  of  his  duties 
to  mankind,  and  the  claim  that  beneath  the  ice  of  his 
outward  nature  flowed  the  warm  currents  of  a  philan- 
thropic heart. 

The  traditions  of  Mr.  Lick's  eccentric  career  during 
these  years  are  numerous  and  amusing.  Most  of  his 

time  after  the  completion  of  his  hotel  was  spent  in 
Santa  Clara  County.  He  lived  upon  his  Lick  Mill 
property  and  gave  a  great  deal  of  attention  to  its  im- 
provement. Upon  it  he  began  early  to  set  out  trees 
of  various  kinds,  both  for  fruit  and  ornament.  He 
held  some  curious  theories  of  tree-planting  and  be- 
lieved in  the  efficiency  of  a  bone  deposit  about  the 
roots  of  every  young  tree.  Many  are  the  stories  told 
by  old  residents  of  James  Lick  going  along  the  high- 
way in  an  old  rattle-trap,  rope-tied  wagon,  with  a 
bear-skin  robe  for  a  seat  cushion,  and  stopping  every 
now  and  then  to  gather  in  the  bones  of  some  dead 
beast.  People  used  to  think  him  crazy  until  they 
saw  him  among  his  beloved  trees,  planting  some  new 
and  rare  variety,  and  carefully  mingling  about  its 
young  roots  the  finest  of  loams  with  the  bones  he  had 
gathered  during  his  lonely  rides.  There  is  a  story 
extant,  and  probably  well  founded,  which  illustrates 
the  odd  means  he  employed  to  secure  hired  help  at 
once  trustworthy  and  obedient.  One  day  while  he 
was  planting  his  orchard  a  man  applied  to  him  for 
work.  Mr.  Lick  directed  him  to  take  the  trees  he 
indicated  to  a  certain  part  of  the  grounds  and  there 
to  plant  them  with  the  tops  in  the  earth  and  the  roots 
in  the  air.  The  man  obeyed  the  directions  to  the 
letter,  and  reported  in  the  evening  for  further  orders. 
Mr.  Lick  went  out,  viewed  his  work  with  apparent 
satisfaction,  and  then  ordered  him  to  plant  the  tree 
the  proper  way  and  thereafter  to  continue  in  his  em- 
ploy 1 

Another  story  similar  to  this  is  handed  down  and 
is  entirely  authentic.  Mr.  Lick  was  at  one  time  the 
owner  of  what  is  now  the  Knox  Block  corner,  in  San 
Jose.  A  fire  having  destroyed  its  buildings,  much 
debris  of  burned  brick  remained  scattered  over  the 
lot.  One  day,  while  Mr.  Lick  was  walking  about 
viewing  his  property,  a  young  stranger  applied  to  him 
for  work,  and  was  instructed  to  collect  a  certain  quan- 
tity of  these  brick  and  pile  them  neatly  in  a  corner. 
This  he  did  and  reported,  when  he  was  told  to  take 
the  same  brick  and  pile  them  neatly  in  another  corner 
Without  a  word  he  executed  the  singular  order,  and 
was  at  once  employed  and  long  retained  by  the  eccen- 
tric man,  who  had  thus  put  his  obedience  to  the  test. 

Mr.  Lick  was  as  fond  of  flowers  as  of  trees,  and  took 
great  pains  in  the  cultivation  of  rare  and  beautiful 
plants.  He  was  very  susceptible  to  praise  of  his 
garden,  and  equally  sensitive  to  its  criticism.  One  day 
a  party  of  ladies  visited  his  Mahogany  Mill,  and  were 
invited  to  view  his  flowers.  They  were  profuse  in 
their  compliments,  and  he  was  all-courteous  until  one 



of  the  party  remarked  that  she  had  lately  seen  in  San 
Francisco  much  finer  specimens  of  some  of  his  plants. 
His  demeanor  changed  at  once,  and  telling  the  com- 
pany he  had  yet  another  flower  garden  to  show  them, 
he  led  them  by  a  tortuous  trail  out  into  the  midst  of 
a  field  of  blossoming  mustard,  which  grew  like  a  rank 
forest  upon  part  of  his  property,  and  then  slipped 
away  and  left  them  to  criticise  his  "other  garden,"  and 
extricate  themselves  as  best  they  could. 

After  Mr.  Lick  had,  with  almost  infinite  exertion, 
improved  his  mill  property,  he  found  the  invest- 
ment an  unsatisfactory  and  unprofitable  one.  The 
annual  floods  of  the  Guadaloupe  invaded  his  orchard, 
destroyed  his  garden,  and  covered  his  land  with  a  de- 
posit of  sediment  and  debris.  And  so  he  resolved  at 
last  to  transfer  his  care  to  the  tract  of  land  lying  just 
south  of  San  Jose,  and  now  known  as  the  Lick  Home- 
stead Addition.  Presently  the  people  of  Santa  Clara 
County  witnessed  a  strange  spectacle.  Day  after  day 
long  trains  of  carts  and  wagons  passed  slowly  through 
San  Jose,  carrying  tall  trees  and  full-grown  shrubbery, 
from  the  old  to  the  new  location.  Winter  and  sum- 
mer alike  the  work  went  on,  the  old  man  superintend- 
ing it  all  in  his  rattle-trap  wagon  and  bear-skin  robe. 
His  plans  for  this  new  improvement  were  made  re- 
gardless of  expense.  Tradition  tells  that  he  had  im- 
ported from  Australia  rare  trees,  and,  in  order  to 
insure  their  growth,  had  brought  with  them  whole 
ship-loads  of  their  native  earth.  He  conceived  the 
idea  of  building  conservatories  superior  to  any  on  the 
Pacific  Coast,  and  for  that  purpose  had  imported  from 
England  the  materials  for  two  large  conservatories 
after  the  model  of  those  in  the  Kew  Gardens  in 
London.  His  death  occurred  before  he  could  have 
these  constructed,  and  they  remained  on  the  hands  of 
his  trustees  until  a  body  of  San  Francisco  gentlemen 
contributed  funds  for  their  purchase  and  donation  to 
the  use  of  the  public  in  Golden  Gate  Park,  where  they 
now  stand  as  the  wonder  and  delight  of  all  who  visit 
that  beautiful  resort. 

It  was  in  the  year  1873,  when  James  Lick  was 
seventy-seven  years  old,  that  he  began  to  make  those 
donations,  of  the  then  vast  estate  he  possessed,  which 
culminated  in  his  famous  deeds  of  trust.  How  long 
he  had  given  to  secret  thought  upon  the  subject  no 
one  can  tell,  but  that  his  gifts  were  the  outcome  of 
mature  deliberation,  seems  beyond  a  doubt.  For 
years  preceding  his  bequests  he  had  been  a  wide  reader 
upon  many  subjects.  He  held  a  peculiar  belief,  or 
rather  want  of  belief,  regarding  the  future  existence, 
and  deemed  an  earthly  immortality  of  remembrance 

all  that  there  was  of  eternal  life.  He  studied  every- 
thing written  about  Thomas  Paine,  and  made  his 
works  the  text  of  his  own  opinions.  It  is  related  that, 
while  he  was  engaged  in  the  improvement  of  the  Lick 
Homestead  property,  he  became  involved  in  an  argu- 
ment one  day  with  Adolph  Pfister  over  some  religious 
subject,  when  the  latter  suggested  that  he  put  to 
practical  proof  the  merits  of  Paineism  as  contrasted 
with  other  moral  agencies,  by  the  erection  of  a  grand 
college  on  his  property  for  the  education  of  young 
men  in  his  favorite  doctrine,  and  for  their  equipment 
as  teachers  and  missionaries  of  Paine.  The  old  man 
appeared  attracted  with  the  idea,  and  gave  it  consid- 
erable thought,  and  it  is  not  improbable  that  it  found 
form  in  his  gift  of  the  Lick  Mill  property  to  the  Paine 
Memorial  Association  of  Boston,  which  was  the  first 
in  time  of  his  donations. 

It  was,  as  we  have  already  noted,  on  January  16, 
1873,  that  Mr.  Lick  made  his  donation  of  the  Lick 
Mill  property  to  the  Thomas  Paine  Association.  On 
February  15,  1873,  he  executed  two  other  gift  deeds, 
one  to  the  California  Academy  of  Science,  and  the 
other  to  the  Society  of  California  Pioneers.  To  the 
former  he  granted  a  lot  of  forty  feet  frontage  on 
Market  Street  near  Fourth,  San  Francisco,  and  to  the 
latter  society  a  lot  of  like  dimensions  on  Fourth  Street 
near  Market.  These  gifts  he  clogged  with  certain 
conditions  as  to  the  kind  of  buildings  to  be  erected, 
etc.,  which  were  deemed  irksome  by  the  donees.  Ne- 
gotiations began  between  Mr.  Lick  and  the  societies, 
which  continued  during  most  of  the  year  1873,  when 
Mr.  Lick  finally  offered  to  relieve  his  gift  from  all 
burdensome  conditions.  This  purpose  was  yet  un- 
accomplished at  the  time  of  his  death,  but  after  some 
little  difficulty  was  arranged  satisfactorily  to  all  con- 
cerned by  his  trustees.  Upon  the  valuable  properties 
thus  generously  disposed  of,  now  stand  the  beautiful 
buildings  of  the  two  societies  which  received  his  bene- 

The  first  trust  deed  by  which  Mr.  Lick  gave  all  his 
immense  estate  to  charitable  and  educational  objects 
was  dated  June  2,  1874.  Among  the  several  provis- 
ions of  this  instrument  was  one  giving  to  San  Jose 
$25,000  for  the  purpose  of  establishing  an  orphan 
asylum,  and  one  appropriating  $700,000  for  establish- 
ing an  observatory  on  land  belonging  to  Mr.  Lick 
near  Lake  Tahoe,  in  Placer  County.  An  investiga- 
tion of  the  appropriateness  of  this  site  was  at  once  set 
on  foot.  It  was  soon  ascertained  that  the  severity  of 
the  climate  about  the  chosen  location  would  seriously 
interfere  both  with  the  effective  operation  of  the  tel- 



escope  and  with  the  comfort  of  the  visiting  public. 
Mr.  Lick  then  determined  upon  a  change  of  site  to 

some  spot  nearer  civilization,  and  looked  towards 
Mount  St.  Helena,  in  Napa  County,  as  the  proper 
point.  He  visited  St.  Helena  and  ascended  part  way 
to  its  summit,  but  before  he  had  pursued  his  inquiries 
far  enough  to  arrive  at  a  conclusion,  other  circum- 
stances conspired  to  change  his  mind  and  direct  his 
eyes  to  Santa  Clara  County  in  search  of  a  favorable 
site  for  his  observatory. 

Although,  out  of  the  large  amount  of  property  dis- 
tributed by  Mr.  Lick,  San  Jose  received  but  $25,000, 
the  people  of  that  city  were  very  grateful  and  ac- 
knowledged their  gratitude  in  a  well-worded  series 
of  resolutions  prepared  by  Judge  Belden,  adopted 
by  the  mayor  and  common  council,  beautifully  en- 
grossed and  officially  transmitted  to  Mr.  Lick  at  San 
Francisco.  Other  recipients  of  Mr.  Lick's  benefac- 
tions had  either  responded  coldly,  or  had  made  no 
response  at  all,  and  the  action  of  the  people  at  San 
Jose  presented  a  strong  contrast  which  attracted  Mr. 
Lick's  attention  and  caused  him  to  think  that  per- 
haps he  had  not  done  as  much  as  he  should  for  the 
county  which  had  so  long  been  his  home.  The  reso- 
lutions reached  him  at  the  time  he  was  in  doubt  as 
to  the  location  of  his  observatory,  and  he  consulted 
his  then  confidential  agent,  Mr.  Thos.  E.  Fraser,  as  to 
the  availability  of  the  mountain  summits  surround- 
ing the  Santa  Clara  Valley  for  the  home  of  the  tele- 
scope. His  attention  was  first  called  to  Mount  Bache, 
which  rises  to  the  height  of  ^bout  four  thousand  feet 
on  the  southwest  in  the  Santa  Cruz  Range;  but  it  was 
found  that  frequent  sea  fogs  would  interfere  with 
the  vision  on  that  elevation.  Mr.  Fraser  then  re- 
ferred Mr.  Lick  to  Mount  Hamilton,  and  was  by  him 
instructed  to  ascend  to  its  top  and  investigate  its 
qualifications  for  the  purpose  in  hand.  In  August, 
1875,  Mr.  Fraser,  accompanied  by  Hon.  B.  D. 
Murphy,  then  mayor  of  the  city  of  San  Jose,  went 
upon  the  mountain,  found  it  free  from  fog,  equable  of 
climate,  easy  of  access,  and  generally  suitable  for  the 
location  of  the  great  observatory.  Mr.  Lick  then  ad- 
dressed a  communication  to  the  Board  of  Supervisors 
of  Santa  Clara  County,  offering  to  locate  the  observ- 
atory on  Mount  Hamilton,  if  the  county  would  con- 
struct a  road  to  the  summit.  The  matters  relating  to 
this  branch  of  the  subject  will  be  found  fully  related 
in  our  chapter  on  "  Roads  and  Highways." 

In  the  meantime  Mr.  Lick  had  found  that  his  deed 
of  trust  did  not  express  his  intentions  as  he  desired. 
He  found,   among  other  things,  that  the  strict  con- 

struction of  its  terms  would  postpone  the  carrying  into 
effect  of  his  benefactions  until  after  his  death.  He 
wanted  the  work  to  be  pushed  forward  during  his 
life-time.  After  duly  considering  these  matters  he 
addressed  a  communication  to  his  trustees,  setting 
forth  his  conclusions  and  intentions,  and  revoking  the 
deed  and  asking  them  to  resign  the  trust.  The 
trustees  consulted  a  lawyer,  and  upon  his  advice  de- 
clined to  resign,  for  the  alleged  reason  that  they  had 
already  converted  about  a  million  of  dollars  of  the 
real  estate  into  money  and  could  not  be  absolved 
from  responsibility  by  Mr.  Lick's  will  alone.  This 
involved  Mr.  Lick  in  a  controversy  with  his  trustees 
which,  at  first,  threatened  disaster  to  the  beneficiaries. 
Jno.  B.  Felton  was  Mr.  Lick's  attorney,  and  instead  of 
precipitating  his  client  into  a  lawsuit,  he  used  the 
columns  of  the  newspapers  so  vigorously  that  the 
trustees  became  disgusted  and  made  up  an  agreed 
case,  by  which  the  courts  relieved  them  of  responsi- 
bility and  annulled  the  deed. 

On  September  21,  1875,  a  new  and  final  deed  was 
executed  by  Mr.  Lick,  with  Richard  S.  Floyd,  Ber- 
nard D.  Murphy,  Foxan  D.  Atherton,  John  H.  Lick, 
and  John  Nightingale  as  trustees.  The  clause  in  the 
deed  in  reference  to  the  observatory  is  as  follows: — 

"Third — To  expend  the  sum  of  seven  hundred  thou- 
sand dollars  ($700,000)  for  the  purpose  of  purchasing 
land,  and  constructing  and  putting  up  on  such  land 
as  shall  be  designed  by  the  party  of  the  first  part, 
a  powerful  telescope,  superior  to  and  more  powerful 
than  any  telescope  yet  made,  with  all  the  machinery 
appertaining  thereto  and  appropriately  connected 
therewith,  or  that  is  necessary  and  convenient  to  the 
most  powerful  telescope  now  in  use,  or  suited  to  one 
more  powerful  than  any  yet  constructed;  and  also 
a  suitable  observatory  connected  therewith.  The 
parties  of  the  second  part  hereto,  and  their  successors, 
shall,  as  soon  as  said  telescope  and  observatory  are 
constructed,  convey  the  land  whereupon  the  same 
may  be  situated,  and  the  telescope  and  the  observa- 
tory, and  all  the  machinery  and  apparatus  connected 
therewith,  to  the  corporation  known  as  the  'Regents 
of  the  University  of  California;'  and  if,  after  the  con- 
struction of  said  telescope  and  observatory,  there 
shall  remain  of  said  seven  hundred  thousand  dollars 
in  gold  coin  any  surplus,  the  said  parties  of  the  sec- 
ond part  shall  turn  over  such  surplus  to  said  corpora- 
tion, to  be  invested  by  it  in  bonds  of  the  United 
States,  or  of  the  city  and  county  of  San  Francisco,  or 
other  good  and  safe  interest-bearing  bonds,  and  the 
income  thereof  shall  be  devoted  to  the  maintenance 



of  said  telescope  and  the  observatory  connected  there- 
with, and  shall  be  made  useful  in  promoting  science; 
and  the  said  telescope  and  observatory  are  to  be 
known  as  the  'Lick  Astronomical  Department  of  the 
University  of  California-'" 

On  making  the  new  deed  Mr.  Lick  selected  Mount 
Hamilton  as  the  site  for  the  University,  and  the 
trustees,  acting  with  the  regents  of  the  State  Univer- 
sity, secured  an  act  of  Congress  setting  apart  the 
public  land  at  the  summit  for  this  purpose.  This 
tract  contains  about  five  hundred  acres,  and  is  so  sit- 
uated as  to  prevent  settlement  in  the  immediate 
vicinity  of  the  observatory,  or  the  inauguration  of  any 
enterprise  in  the  immediate  neighborhood  that  would 
be  inimical  to  the  interests  of  the  institution. 

John  B.  Felton  charged  $100,000  for  his  services  in 
annulling  the  first  deed,  and  presented  the  bill  to  the 
new  trustees.  They  refused  to  allow  the  claim  unless 
Mr.  Lick  would  sign  a  written  authorization.  Mr. 
Felton,  with  Mr.  Murphy,  one  of  the  trustees,  called 
on  Mr.  Lick  for  this  purpose. 

"Mr.  Felton,"  said  the  old  philanthropist,  "when  we 
made  the  contract  upon  which  that  claim  is  based,  we 
supposed  that  to  cancel  my  first  trust  deed  would  be  an 
exceedingly  arduous  matter,  involving  much  expense, 
a  long  delay  and  years  of  the  most  elaborate  and  an- 
noymg  litigation.  The  whole  entanglement,  however, 
has  been  adjusted  in  a  few  months  without  any  diffi- 
culty, but  little  outlay,  and  with  only  a  formal  litigation; 
I  think,  under  the  changed  circumstances,  you  ought 
to  diminish  the  amount  of  your  fee." 

"Your  proposition,  Mr.  Lick,"  responded  Felton,  "re- 
minds me  of  a  story  I  once  heard  about  a  countryman 
who  had  a  bad  toothache  and  went  to  a  rustic  den- 
tist to  have  the  offender  extracted.  The  dentist  pro- 
duced a  rusty  set  of  instruments,  seated  him  in  a 
rickety  chair,  and  went  to  work.  After  some  hours  of 
hard  labor  to  himself,  and  the  most  extreme  agony 
to  the  countryman,  the  tooth  was  extracted,  and  he 
charged  him  a  dollar.  A  few  months  later  the  same 
countryman  had  another  attack  of  toothache,  and  this 
time  thought  best  to  procure  a  metropolitan  dentist. 
He  went  to  the  city,  found  the  best  dentist  in  it,  and 
offered  his  swollen  jaw  for  operation.  The  expert 
dentist  passed  his  hand  soothingly  over  his  face,  lo- 
cated the  tooth  with  painless  delicacy,  produced  a 
splendid  set  of  instruments,  and  before  the  country- 
man knew  it,  had  the  tooth  out.  His  charge  was  five 
dollars.  'Five  dollars!'  said  the  countryman,  'why, 
when  Jones,  down  at  the  village,  pulled  my  last  tooth 
it  took  three  hours,  during  whicla   he   broke  his  chair, 

broke  my  jaw,  broke  his  tools,  and  mopped  the  whole 
floor  with  me  several  times,  and  he  only  charged  me 
a  dollar.     You  ought  to  diminish  your  bill!'  " 

Mr.  Lick  signed  the  authorization  and  Mr.  Felton 
received  his  money. 

In  1876  Mr.  Lick  had  trouble  with  his  trustees. 
One  of  the  duties  Mr.  Lick  wished  first  performed 
was  the  erection  of  his  family  monument  in  Freder- 
icksburg, Pennsylvania.  It  was  during  the  arrange- 
ment for  this  work  that  the  causes  attending  the  re- 
tirement of  the  second  Board  arose,  and  in  this  wise. 
It  will  be  noticed  that  among  the  members  of  this 
Board  of  Trustees  was  John  H.  Lick.  Although 
James  Lick  is  reputed  to  have  never  been  married,  this 
man  was  his  son.  He  was  born  in  Pennsylvania  on 
June  30,  1818,  just  about  the  time,  it  will  be  noticed, 
of  James  Lick's  somewhat  hurried  departure  for  New 
York,  and  thence  to  South  America.  Who  was  the 
mother  of  this  boy  does  not  appear,  unless,  perhaps,  it 
was  the  miller's  comely  daughter.  Long  after  Mr. 
Lick  came  to  California  he  sent  for  his  son,  then 
grown  to  manhood,  and  kept  him  for  some  years  at 
work  in  the  Mahogany  Mill.  Here  he  remained  until 
August,  1 87 1,  when  he  returned  to  his  Eastern  home. 
When  Mr.  Lick  made  his  first  deed  of  trust,  he 
directed  the  payment  to  his  son  of  $3,000.  With 
this  pittance  John  H.  Lick  was  naturally  dissatisfied, 
and  hence  in  the  second  deed  he  was  given  the  sum 
of  $150,000,  and  made  one  of  the  trustees  of  the  rest. 
To  him,  as  trustee,  the  power  was  delegated  to  con- 
tract for  the  Fredericksburg  monument,  but  for  some 
reason  he  failed  or  refused  to  sign  the  contract. 
When  this  fact  was  made  known  to  James  Lick,  in  the 
summer  of  1876,  he  became  very  much  incensed 
against  John  H.  Lick,  and  began  to  suspect  that  he 
had  still  further  designs  upon  his  property,  and  in 
the  weakness  of  his  old  age  he  included  the  whole 
Board  in  his  ill-humor,  and  suddenly  required  the  res- 
ignation of  the  whole  body.  In  this  the  trustees,  ex- 
cept John  H.  Lick,  concurred,  and  a  new  Board  was 
appointed  by  Mr.  Lick.  Captain  Floyd  having  been 
in  Europe  during  this  last  entanglement,  was  not  in- 
cluded in  the  old  man's  wrath,  but  was  re-appointed 
on  the  new  Board. 

Mr.  Lick  died  October  i,  1876,  and  before  the  new 
Board  was  fully  organized.  He  was  eighty  years  of 
age.  His  body  lay  in  state  at  Pioneer  Hall,  San 
Francisco,  and  was  followed  by  an  immense  proces- 
sion to  Lone  Mountain  Cemetery,  there  to  rest  until  a 
more  fitting  resting-place  might  be  ready  for  its  re- 
ception.    Some  months  before  his  death,  in  a  conver- 



sation  with  B.  D.  Murphy  upon  the  subject  of  the 
probability  of  his  death,  Mr.  Lick  expressed  the  desire 
that  he  might  be  buried  on  Mount  Hamilton,  either 
within  or  to  one  side  of  the  proposed  observatory, 
after  the  manner  of  Sir  Christopher  Wren,  the  archi- 
tect of  St.  Paul's  cathedral,  who  was  buried  in  the 
crypt  in  1723. 

Immediately  on  the  death  of  his  father,  John  H. 
Lick  returned  from  the  East  and  secured  letters  of  ad- 
ministration upon  the  estate.  This  was  understood 
to  be  the  beginning  of  an  attempt  to  nullify  the  trust 
deed;  after  testing  several  points  in  the  courts,  the 
trustees  finally  effected  a  compromise  by  which  they 
were  to  pay  Lick  $535,000  in  full  of  all  claims  against 
the  estate.  The  Society  of  Pioneers  and  the  Acad- 
emy of  Sciences  had  been  made  residuary  legatees  by 
the  deed,  and  they  insisted  that  this  payment  to  John 
Lick  should  be  made  pro  rata  from  each  of  the  be- 
quests. The  Academy  of  Sciences  was  particularly 
active  in  the  courts  to  compel  the  payment  to  be 
made  in  this  manner.  After  nearly  a  year  of  litiga- 
tion, the  courts  decided  that  the  special  bequests 
could  not  be  disturbed,  and  the  compromise  money 
must  come  from  the  share  of  the  residuary  legatees. 

As  soon  as  possible  after  the  completion  of  the  road 
to  the  summit,  work  was  commenced  on  the  buildings. 
About  two  million  six  hundred  thousand  brick  were 
used,  all  of  which  were  manufactured  in  the  immediate 
vicinity.  Early  in  1887,  the  work  had  progressed 
sufficiently  to  permit  the  request  of  Mr.  Lick  in  re- 
gard to  his  burial-place  to  be  complied  with,  and  on 
the  ninth  day  of  January  his  remains  were  brought 
to  San  Jose,  whence,  followed  by  a  large  procession  of 
officials  and  prominent  citizens,  they  were  conveyed 
to  the  mountain.  A  tomb  had  been  prepared  in  the 
foundation  of  the  pier,  which  was  to  support  the  great 
telescope,  and  in  this,  with  imposing  ceremonies,  were 
the  remains  deposited.  The  following  document, 
signed  by  the  trustees  and  representatives  of  the  State 
University,  the  Academy  of  Sciences,  Pioneers,  and 
the  mayor  of  San  Jose,  was  sealed  up  with  the  casket: 

"This  is  the  body  of  James  Lick,  who  was  born  in 
Fredericksburg,  Pennsylvania,  August  25,  1796,  and 
who  died  in  San  Francisco,  California,  October  i, 

"It  has  been  identified  by  us,  and  in  our  presence 
has  been  sealed  up  and  deposited  in  this  foundation 
pier  of  the  great  equatorial  telescope,  this  ninth  day 
of  January,  1887. 

"In  the  year  1875  he  executed  a  deed  of  trust  of 
his  entire  estate,  by  which  he  provided  for  the  comfort 
and  culture  of  the  citizens  of  California,  for  the  ad- 
vancement of  handcraft  and  rede-craft  among  the 
youth  of  San  Francisco  and  of  the  State;  for  the  de- 
velopment of  scientific  research  and  the  diffusion  of 
knowledge  among  men,  and  for  founding  in  the  State 
of  California  an  astronomical  observatory,  to  surpass 
all  others  existing  in  the  world  at  this  epoch. 

"This  observatory  has  been  erected  by  the  trustees 
of  his  estate,  and  has  been  named  the  Lick  Astronom- 
ical Department  of  the  University  of  California,  in 
memory  of  the  founder. 

"This  refracting  telescope  is  the  largest  which  has 
ever  been  constructed,  and  the  astronomers  who  have 
tested  it  declare  that  its  performance  surpasses  that 
of  all  other  telescopes. 

"The  two  disks  of  glass  for  the  objective  were  cast 
by  Ch.  Fell,  of  France,  and  were  brought  to  a  true 
figure  by  Alvan  Clark  &  Sons,  of  Ma.ssachusetts. 

"Their  diameter  is  thirty-six  inches,  and  their  focal 
length  is  fifty-six  feet  two  inches. 

"Upon  the  completion  of  this  structure  the  regents 
of  the  University  of  California  became  the  trustees  of 
this  astronomical  observatory." 

The  contract  for  the  great  lens  was  made  with 
Alvan  Clark  &  Sons,  of  Cambridge,  Massachusetts, 
for  $5 1 ,000.  They  employed  M.  Fell  &  Sons,  of  Paris, 
to  cast  the  glass.  The  contract  was  made  in  1880. 
In  1882  the  flint-glass  was  cast  and  sent  to  Messrs. 
Clark,  but  it  was  not  until  1885  that  a  perfect  crown- 
glass  could  be  obtained.  The  Clarks  succeeded  in 
obtaining  a  true  figure  in  1886,  and  on  the  twenty- 
ninth  of  December,  of  that  year,  the  great  lens  reached 
Mount  Hamilton.  The  mounting  of  the  instrument 
and  other  details  of  construction  occupied  eighteen 
months'  more  time,  and  in  June,  1888,  the  whole  work 
was  completed.  The  transfer  of  the  observatory  from 
the  trustees  to  the  regents  of  the  university  took  place 
June  I,  1888,  being  fourteen  years  from  the  date  of 
Mr.  Lick's  first  deed. 


DURING  the  Spanish  and  American  administra- 
tion in  California,  the  architecture  was  of  a  very 
rude  character.  The  walls  of  the  best  houses  were  of 
adobe,  and  the  roofs  generally  of  straw.  Later,  tiles 
were  substituted  for  straw  in  the  more  pretentious 
structures.  This  style  of  building  was  in  vogue  for 
some  time  after  the  American  occupation.  Up  to 
1850,  the  city  of  San  Jose  had  more  the  appearance  of 
a  military  camp  on  the  frontier,  than  of  a  town.  The 
rude  houses  with  their  thatched  roofs  were  supple- 
mented by  tents,  and  there  was  hardly  a  comfortable 
building  in  the  district.  The  ordinance  establishing 
the  first  fire  limits,  passed  July  11,  1850,  gives  a  pretty 
good  idea  of  the  character  of  the  houses.  These  limits 
were  described  as  commencing  at  the  intersection  of 
Second  and  St.  James  Streets,  thence  along  Second 
to  San  Carlos,  thence  to  the  Acequia,  thence  along 
the  Acequia  northerly  to  a  point  which  would  inter- 
sect a  prolongation  of  St.  James  Street,  and  thence 
easterly  and  along  St.  James  Street  to  the  place  of 
beginning.  Within  these  limits  it  was  prohibited  to 
erect  any  structures  composed  of  canvas,  willow,  cot- 
ton cloth,  tules,  mustard,  reeds,  or  other  grassy  sub- 
stances, under  a  penalty  of  not  less  than  twenty-five 
or  more  than  two  hundred  dollars.  It  also  forbade 
the  existence  of  any  hay-stacks,  unless  inclosed  or 
suitably  guarded,  and  enjoined  the  removal  of  those 
then  in  existence,  under  the  same  penalty.  There 
were,  however,  some  better  buildings  in  the  city  than 
this  ordinance  would  seem  to  indicate. 

Three  years  prior  to  this,  in  1847,  Mr.  William 
Campbell  had  commenced  the  erection  of  a  saw-mill 
on  Quito  Creek,  afterwards  known  as  Campbell 
Creek,  in  the  western  part  of  the  county.  Owing  to  the 
scarcity  of  labor,  everybody  having  gone  to  the  mines, 
the  mill  was  not  completed  until  1848,  in  which  year 
Zachariah  Jones  also  completed  a  mill.  These  mills 
furnished  a  supply  of  building  material,  but  it  was 
costly,  the  charge  for  hauling  alone  being  a  hundred 

dollars  per  thousand  feet,  while  the  lumber  cost  any- 
where from  two  hundred  and  fifty  to  seven  hundred 
dollars  per  thousand  While  these  efforts  were  being 
made  to  secure  building  material  from  the  foot-hills, 
other  attempts  were  being  made  nearer  home.  In  the 
latter  part  of  1848  Mr.  Osborn  succeeded  in  making 
brick,  and  he  erected  houses  of  this  material  the  same 
year.  The  first  was  built  at  the  corner  of  Fifth  and 
St.  John  Streets,  another  on  Fifth  between  St.  John 
and  St.  James,  and  a  third  on  St.  John  between  Fourth 
and  Fifth  Streets.  Brick -layers,  carpenters,  and,  in 
fact,  mechanics  of  all  kinds,  commanded  sixteen  dol- 
lars per  day  for  their  services,  and  this,  with  materials 
at  a  correspondingly  high  price,  made  the  building  of 
houses  a  pretty  expensive  operation.  Nothing  but 
the  rich  products  of  the  newly  discovered  gold  mines 
rendered  it  possible. 

The  City  Hotel,  the  principal  hostelry  of  the 
pueblo,  was  built  in  1849.  It  was  located  on  the  west 
side  of  First  Street,  about  where  the  Martin  Block 
now  stands.  The  old-timers  do  not  speak  in  glowing 
terms  of  its  accommodations  for  guests.  The  price 
for  board  and  lodging  was  $5.00  per  day;  single 
meals,  $2.00. 

The  Mansion  House,  on  First  Street,  between  Santa 
Clara  and  St.  John,  occupied  the  present  site  of  the 
Music  Hall  building.  It  was  commenced  in  1849  and 
completed  early  in  1850.  It  was  erected  by  Joseph 
S.  Ruckle,  and  cost  $100,000.  This  was  the  popular 
hotel  for  many  years,  and  was  headquarters  for  the 
members  of  the  Legislature,  members  of  the  Bar,  and 
business  and  professional  men.  In  1853  Mr.  A.  S. 
Beaty  was  installed  as  landlord,  and  his  memory  will 
always  be  kept  green  by  those  who  were  fortunate 
enough  to  have  been  his  guests.  The  building  was 
burned  May  31,  1865. 

The  United  'States  Hotel  was  erected  in  1850  on 
San  Pedro  Street.  It  was  first  called  the  Pavilion, 
but  its  name  was  changed  as  above.  The  frame  of 
this  building  was  made  in  Australia,  and  when  com- 



pleted  the  building  cost  over  $50,000.  It  never  paid 
interest  on  the  investment,  and,  in  1879,  it  was  moved 
upon  Sixth  Street  and  converted  into  a  dwelling- 
house.  In  the  same  year  A.  Chattelle  expended  $50,- 
000  in  erecting  a  two-story  building  on  the  west  side  of 
Market  Street  near  El  Dorado  Street,  which  was  called 
the  French  Hotel.  The  lower  portion  was  used  for 
gambling  and  became  notorious. 

J.  D.  Hoppe,  in  1850,  with  Levi  Goodrich  as  archi- 
tect, put  up  what  was  called  a  fine  adobe  building  on 
the  northeast  corner  of  Santa  Clara  and  Market 
Streets,  where  T.  W.  Spring's  store  now  is.  The 
adobes  were  taken  from  the  old  juzgado,  which  was 
torn  down  this  year.  Frank  Lightston  built  two 
adobe  houses  on  Santa  Clara  Street  opposite  the 
Auzerais  House.  These  buildings  stood  until  1871. 
O.  L.  Crosby  built  the  house  afterwards  occupied 
by  Mrs.  Hensle}-  in  what  was  afterwards  known  as 
the  Hensley  grounds,  on  First  Street  between  Julian 
and  Empire.  Wm.  Van  Voorhies,  who  was  then  Sec- 
retary of  State,  built  a  frame  house  on  Second  Street 
near  William,  in  this  year.  The  old  Morgan  House 
was  built  this  year  by  Messrs.  May,  Lee,  and  McCune. 
It  was  on  the  corner  of  First  and  San  Fernando 
Streets,  and  was  run  as  a  boarding-house  at  first,  but 
was  opened  as  a  hotel  in  185 1,  by  John  R.  Price.  In 
1867  a  portion  was  torn  down  and  the  corner  built  up 
with  brick,  and  a  few  years  afterwards  all  of  the  old 
wooden  building  was  removed  to  make  place  for  the 
Wilcox  Block.  During  this  year  Governor  Burnett 
occupied  a  house  on  Second  Street,  near  San  Carlos. 
It  was  considered  a  good  building  then,  but  would 
hardly  meet  popular  opinion  as  a  governor's  mansion 
now.  The  State  House  we  have  spoken  of  elsewhere. 
It  was  built  by  Sansevain  and  Rochon,  in  1849. 
In  1850  also  was  built  the  Bella  Union.  It  stood 
on  the  present  site  of  the  Auzerais  House,  on  Santa 
Clara  Street.  It  was  a  two-story  frame  building  with 
a  sheet-iron  roof.  The  frame  was  brought  from  the 
Eastern  States  via  Cape  Horn.  It  was  opened  as  a 
drinking  saloon  about  Christmas  and  played  a  con- 
spicuous part  in  the  early  history  of  the  city. 

From  1850  there  was  not  much  building,  nearly 
everybody  being  at  the  mines;  but  in  1853  nearly  a 
hundred  houses  were  erected.  Many  of  these  were  of 
brick,  it  being  estimated  that  i ,  1 50,000  brick  were  used 
that  year,  all  but  9,000  being  manufactured  in  Santa 
Clara.  Among  the  most  prominent  of  these  build- 
ings was  one  at  the  southeast  corner  of  Santa  Clara 
Street  and  Pacheco  Alley,  which  was  occupied  by  the 
Supreme  Court,  and  one  at  the   southeast  corner  of 

Market  and  Santa  Clara  Streets.  Merritt  Brothers 
built  a  two-story  brick  building  on  Fifth  Street  near 
St.  John.  This  was  considered  an  aristocratic  struct- 
ure in  those  days.  It  is  still  standing.  Auzerais 
Brothers  built  their  brick  store  on  Market  Street  be- 
tween El  Dorado  Street  and  the  Catholic  Church. 
A  two-story  frame  house  was  brought  from  San  Fran- 
cisco and  put  on  the  northwest  corner  of  Santa  Clara 
and  First  Streets,  where  Knox  Block  now  stands.  It 
was  called  the  Railroad  Hotel.  The  Sisters  of  Notre 
Dame  commenced  their  brick  college  building  this 
year,  with  Levi  Goodrich  as  architect.  The  county 
jail  on  San  Fernando  Street,  between  Third  and 
Fourth,  was  built  at  a  cost  of  $15,000  in    1854. 

In  1855  the  old  City  Hall  on  Market  Street  was 
built.  It  was  of  brick  and  adobe,  68x42  feet  and 
two  stories  high.  We  speak  of  this  in  the  past  tense 
in  view  of  the  new  City  Hall,  which  is  fast  approach- 
ing completion.  Some  brick  buildings  were  erected 
this  year  on  the  east  side  of  Market  Street  between 
Santa  Clara  and  El  Dorado  Streets.  Peter  Davidson 
built  some  brick  stores  near  the  northwest  corner 
of  Market  and  Santa  Clara  Streets. 

In  1856  Eli  Jones  &  Co.  erected  a  brick  store  on 
the  east  side  of  First  Street  between  El  Dorado  and 
Santa  Clara  Streets. 

In  1857  Mr.  Stock  built  a  house  on  First  Street. 

In  1858  Pfister  &  Co.  built  a  two-story  brick  build- 
ing on  the  southeast  corner  of  First  and  Santa  Clara 
Streets,  where  Safe  Deposit  Block  now  stands.  The 
Catholic  Church  was  encased  in  brick.  This  building 
was  afterward  destroyed  by  fire.  P.  O.  Minor  put  up 
the  concrete  building  on  the  west  side  of  First  Street 
between  El  Dorado  and  San  Fernando. 

In  1859  Auzerais  Brothers  built  several  buildings 
on  Market  Street  south  of  their  store.  Martin  Mur- 
phy built  ninety  feet  of  the  brick  stores  on  the  east 
side  of  Market  Street.  Clemente  Colombet  built  the 
brick  block  on  the  west  side  of  Market  Street,  called 
then  the  San  Jose  Hotel,  now  the  Cosmopohtan. 
Stark's  Theater  was  built  this  year.  It  was  on  First 
Street  nearly  opposite  the  New  York  Exchange.  It 
was  opened  with  the  play  of  "  Richelieu." 

In  1863  the  foundations  of  the  Auzerais  House, 
on  Santa  Clara  Street,  were  laid.  It  was  completed 
in  1865.  Cost  of  building  and  furniture,  about  $160,- 
000.  Patrick  Welch  erected  his  brick  stable  on  First 
Street,  north  of  Santa  Clara.  King  and  Knoche 
built  the  brick  building  on  First  Street,  north  of 
El  Dorado.  The  old  railroad  depot  on  San  Pedro 
Street  was  built  this  year. 



In  1864  the  Hensley  Block,  at  the  northwest  corner 
of  Market  and  Santa  Clara  Streets,  was  erected.  It 
was  then  called  the  Masonic  and  Odd  Fellows'  Hall 
Building.  It  was  occupied  below  by  James  Hart's 
dry-goods  store,  when  it  was,  early  in  the  70's,  rented 
for  the  use  of  the  post-office,  and  continued  in  that 
use  until  1888.  C.  T.  Ryland  built  a  two-story  brick 
building  at  the  northeast  corner  of  First  and  San 
Fernando  Streets.  He  added  to  it  in  1869.  It  is 
now  used  as  the  Lick  House.  In  this  year  the  first 
part  of  Knox  Block  was  erected,  at  the  northwest 
corner  of  Santa  Clara  and  First  Streets.  Two  stores 
were  added  on  First  Street  in  1867. 

In  1866  the  Court  House,  opposite  St.  James' 
Square,  was  commenced.  It  was  not  finished  until 
1868.  Haskell  &  Porter,  Strauss  &  Brown,  S.  A. 
Clark  and  John  Stock,  erected  brick  buildings  on  the 
west  side  of  First  Street,  between  San  Fernando  and 
El  Dorado  Streets. 

In  1867  the  Santa  Clara  Street  School-house  was 
built.  The  New  York  Exchange  Building,  on  First 
(Street,  was  completed  this  year,  and  opened  by 
Martin  Corcoran.  Levy  Brothers  built  a  brick  build- 
ing at  the  southwest  corner  of  First  and  Santa  Clara 
Streets.  It  has  been  remodeled,  and  is  now  owned 
and  occupied  by  the  First  National  Bank.  John 
Balbach  put  up  his  brick  building  on  Santa  Clara 
Street,  between  Market  and  First.  Part  of  the  old 
Morgan  House,  at  the  northwest  corner  of  First  and 
San  Fernando  Streets,  was  removed,  and  a  brick 
building  erected.  The  remainder  of  the  house  was 
afterwards  taken  away,  and  the  block  completed  with 
a  two-story  brick  structure.  Part  of  this  block  is 
now  occupied  by  the  Garden  City  National  Bank. 

In  1868  Martin  Murphy  built  the  brick  building 
on  the  south  side  of  Santa  Clara  Street,  between 
Lightston  Street  and  Market,  now  occupied  by  the 
City  Stables.  Adolph  Pfister  built  the  brick  build- 
ing at  the  southeast  corner  of  Santa  Clara  and  Sec- 

ond Streets.  Charles  Otter  built  the  brick  building 
at  the  southwest  corner  of  St.  John  and  First  Streets, 
forming  a  portion  of  the  New  York  Exchange  Block. 
H.  M.  Newhall  erected  the  building  at  the  northeast 
corner  of  Market  and  First  Streets,  since  occupied 
by  T.  W.  Springs'  store. 

In  1870  Brohaska's  Opera  House  was  completed. 
It  was  situated  on  the  north  side  of  Santa  Clara 
Street,  between  Second  and  Third.  It  was  finished 
in  modern  style,  and  was  considered,  at  that  time, 
the  best  theater  building  in  the  interior  of  the  State. 
It  was  opened  with  "  London  Assurance,"  with  John 
T.  Raymond  as  "Mark  Meddle."  The  building  was 
destroyed  by  fire  in  1881.  This  year  the  Jewish 
Synagogue,  corner  of  Third  and  San  Antonio  Streets, 
was  built.  The  first  normal  school  building  was 
commenced  this  year.  Music  Hall  Building,  on 
P^irst  Street,  was  erected.  The  new  county  jail  was 
built.  The  first  asphaltum  sidewalk  was  constructed 
this  year.  It  was  on  the  north  side  of  Santa  Clara 
Street,  from  First  to  Market.  It  was  built  by  a 
Frenchman,  named  Neuval,  and  was  the  best  ever 
made  in  the  city,  lasting  for  many  years. 

In  1 87 1  the  Bank  of  San  Jose  Building  was  erected. 

In  1872  the  Safe  Deposit  Block  was  built.  Later 
it  was  extended  south  to  Fountain  Street. 

It  is  not  intended  in  this  chapter  to  give  the  dates 
of  construction  of  all  the  buildings  in  the  city,  but  to 
give  some  of  the  old  landmarks,  and  to  trace  the 
march  of  improvements  for  the  first  twenty  years  of 
American  occupation.  During  the  Spanish  and 
Mexican  administration,  which  covered  a  period  of 
more  than  half  a  century,  not  more  than  a  dozen 
buildings  were  erected  in  the  pueblo,  and  these  were 
of  the  rudest  character.  Within  twenty  years  after 
the  Americans  took  possession,  the  pueblo  had  be- 
come a  thriving  city,  with  substantial  business  blocks 
and  beautiful  residences,  and  has  already  become 
known  as  the  "Garden  City." 



iili  WUm  ifisli  Is  llf 



DURING  the  War  of  the  RebelHon,  Santa  Clara 
County  evinced  her  willingness  to  stand  by  the 
Union,  both  with  money  and  men.  Of  the  former, 
many  thousands  of  dollars  were  contributed  and  placed 
at  the  disposal  of  the  Sanitary  Commission.  Of  the 
latter,  more  volunteers  were  tendered  than  required, 
and  many  crossed  the  mountains  in  order  to  enlist 
under  the  old  flag.  Those  who  enlisted  here  were 
either  retained  in  the  State  or  sent  to  Arizona  and 
New  Mexico.  There  was  no  draft  ever  ordered  in 
California  to  secure  her  proportion  of  troops,  while 
there  was  always  a  reserve,  in  the  volunteer  companies 
organized  under  the  State  laws,  more  than  sufficient 
for  any  emergency  that  might  arise.  California  was 
far  from  the  center  of  government,  with  a  long  line 
of  exposed  sea-coast,  and,  in  case  of  foreign  compli- 
cations, subject  to  attack.  For  these  reasons  it  was 
necessary  that  her  people  should  remain  at  home  to 
protect  their  own  territory.  This  was  done  to  a  great 
extent,  although  each  regiment,  as  it  was  organized, 
understood  that  it  was  to  be  sent  East  to  take  position 
at  the  front.  Many  men  from  Santa  Clara  County, 
not  being  able  to  enlist  at  home,  went  to  San  Fran- 
cisco and  other  cities  where  the  quota  was  not  filled, 
in  order  to  be  enrolled.  These  were  credited  to  other 
counties.  Of  those  who  enlisted  from  Santa  Clara 
County  we  have  record  of  the  following: — 


Organized  in  San  Jose,  June,  1861.  Re-organized 
as  veterans  at  Las  Cruces,  New  Mexico,  Noveinber 
29,  1864.  This  company  was  on  duty  in  New  Mex- 
ico, operating  in  the  heart  of  the  Apache  country. 
They  had  many  desperate  engagements  with  the  In- 
dians. Lieutenant  Vestal,  with  his  company,  assisted 
in  the  capture  of  the  notorious  Showalter  and  his  part}'. 
The  company  while  in  the  desert  marched  a  distance 
of  over  two  thousand  miles. 

SECOND   REGIMENT. — Infantry. 

Organized    November    29,    1861.     Served    against 
Indians  in  northern  part  of  the  State  and  in  Arizona. 

The  Santa  Clara  men  in  this  regiment  were  generally 
credited  to  Mayfield.  T.  C.  Winchell  was  Adjutant 
of  this  regiment;  Montgomery  Maze  was  Second 
Lieutenant  of  Company  A;  C.  P.  Fairfield  was  First 
Lieutenant  of  Company  I. 

THIRD  REGIMENT. — Infantry. 

Organized  in  1861.  Served  in  Utah  and  Colorado. 
J.  C.  Merrill  was  Captain  of  Company  B  of  this  reg- 
iment. There  were  Santa  Clara  County  men  in 
Companies  D,  E,  and  G.  William  J.  Callahan,  de- 
ceased, was  in  the  latter  company. 


Company  C  was  organized  at  San  Jose  in  1864. 
After  being  mustered  in,  the  regiment  was  stationed 
at  Fort  Point,  California. 


Organized  in  1862.  Served  in  the  mountain  cam- 
paigns against  the  hostile  Indians  in  California  and 
Nevada.  Geo.  W.  Ousley  was  Captain  of  Company 
B  of  this  battalion. 


Company  E  organized  August,  1861.  Served  in 
Arizona,  New  Mexico,  and  Te^as.  Engaged  against 
the  Kiowa,  Comanche,  Navajo,  and  Apache  Indians. 
There  were  Santa  Clara  men  also  in  Companies  I 
and  L  of  this  regiment. 


Company  A  was  organized  in  San  Jose  in  1883,  by 
Captain  J.  R.  Pico.  Served  in  California  and  Arizona. 
The  battalion  was  composed  principally  of  native 

In  addition  to  the  foregoing  troops  mustered  into 
the  United  States  service,  the  following  organizations 
were  held  in  the  State  service: — 


H.  M.  Leonard,  Major. 

Compaity  E,  Redtvood  Cavalry. — H.  M.  Leonard, 
Captain;  E.   Vandyne,  First  Lieutenant;  D.  J.  Bur- 



nett,  Senior  Second  Lieutenant;  H.  C.  Morrill,  Junior 
Second  Lieutenant.  Sixty  men  in  the  company,  all 

Compmiy  /,  Burnett  Light  Horse  Guard. — J.  R. 
Hall,  Captain;  P.  Henry,  First  Lieutenant;  J.  Chris- 
man,  Senior  Second  Lieutenant;  A.  J.  Fowler,  Junior 
Second  Lieutenant.  Fifty  men  in  the  comp?.ny,  all 

Company  K,  New  Alniaden  Cavalry. — L.  F.  Parker, 
Captain;  J.  P.  Dudley,  First  Lieutenant;  H.  H.  Curtis, 
Senior  Second  Lieutenant;  A.  F.  Foster,  Junior  Sec- 
ond Lieutenant.  Forty  men  in  the  company,  all 


S.  O.  Houghton,  Captain;  C.  T.  Henley,  First  Lieu- 
tenant; Jacob  Weigent,  Junior  First  Lieutenant;  N.  B. 
Edwards,  Senior  Second  Lieutenant;  Edward  Ladd, 
Junior  Second  Lieutenant. 

FIFTH  REGIMENT.— Infantry. 

A.  Jones  Jackson,  Colonel;  A.  B.  Rowley,  Lieuten- 
ant-Colonel; J.  Porter,  Major;  J.  O.  Wanzer,  Adju- 
tant; Chas.  N.  Senter,  R.  Q.  M.;  A.  J.  Corey,  Surgeon. 

Company  A,  Union  Guard. — Chas.  P.  Crittenden, 
Captain;  E.J.  Morton,  First  Lieutenant;  Geo.  Evans, 
Senior  Second  Lientenant;  N.Klein,  Junior  Second 
Lieutenant.     Sixty  men,  armed  with  rifles. 

Company  B,  San  Jose  Zouaves. — A.  W.  White, 
Captain;  M.  Campbell,  Lieutenant;  F.  B.  Fuller, 
Senior  Second  Lieutenant;  W.  T.  Adel,  Junior 
Second  Lieutenant.  Eighty  men,  armed  with  rifle 

Company  C,  Alviso  Rifles. — Thatcher  F.  Barnes, 
Captain;  John  Root,  First  Lieutenant;  Edward  W. 
Williams,  Senior  Second  Lieutenant;  Chas.  E.  Morri- 
son, Junior  Second  Lieutenant.  Sixty  men,  armed 
with  rifle  muskets. 

Company  E,  Gilroy  Guards. — John  H.  Adams,  Cap- 
tain ;  William  O.  Barker,  First  Lieutenant ;  W.  N. 
Furlong,  Senior  Second  Lieutenant;  William  Van 
Gundy,  Junior  Second  Lieutenant.  Forty  men, armed 
with  rifle  muskets. 

Company  H,  Santa  Clara  Guard. — William  H. 
Swope,  First  Lieutenant;  W.  H.  Menton,  Senior 
Second  Lieutenant;  A.  F.  Harlow,  Junior  Second 
Lieutenant.     Sixty  men,  armed  with  rifle  muskets. 

JOHNSON  GUARD. — Unattached. 

John  M.  Murphy,  Captain;  N.  B.  Edwards,  First 
Lieutenant;  J.  F.  Faulkner,  Senior  Second  Lieuten- 
ant; P.  W.  Riordan,  Junior  Second  Lieutenant.  Fifty 
men,  armed  with  muskets. 


©^»a^  M»»aiawai#Bfc%  | 




FOR  a  short  time  after  the  county  was  organized 
under  the  Government  of  the  United  States,  the 
old  juzgado  was  used  as  a  court-house.  It  was  ill 
adapted  for  this  purpose,  and,  in  addition  to  its  incon- 
veniences, it  belonged  to  the  city,  and  was  under 
control  of  that  municipality.  From  the  first  day  of 
the  county's  existence  it  felt  the  necessity  of  provid- 
ing suitable  buildings  for  the  accommodation  of  its 
courts  and  officers.  The  lack  of  money  with  which 
to  either  purchase  or  build  was  a  serious  obstacle  to 
the  settlement  of  the  difficulty.  In  June,  1850,  the 
Court  of  Sessions,  then  the  legislative  department  of 
the  county,  gave  notice  that  the  county  judge  would 
receive  proposals  from  parties 'owning  property  which 
they  would  either  give  or  sell  to  the  county  for  a  site 
for  county  buildings.  Among  the  responses  to  this 
notice  was  one  from  James  F.  Reed,  who  offered  to 
donate  eight  lots  in  the  block  bounded  by  Third, 
Fourth,  William,  and  Reed  Streets,  to  be  used  as  a 
site  for  the  court-house,  and  two  lots  in  the  block  im- 
mediately south,  to  be  used  as  a  site  for  the  county 
jail.  This  offer  the  county  accepted,  but  the  build- 
ings were  not  placed  there,  and  the  negotiations  came 
to  nothing. 

The  next  month  the  court  made  another  order,  by 
which  it  authorized  the  county  judge,  J.  W.  Redmon, 
to  select  a  proper  site  for  county  buildings,  and  di- 
recting "that  he  cause  to  be  erected  the  necessary 
buildings  and  superintend  the  same,  and  that  he  draw 
from  time  to  time  his  warrant  on  the  county  treasury 
for  such  sums  as  may  be  necessary  for  that  purpose." 

This  was  an  extraordinary  power  to  grant  to  any 
one  man,  but  it  was  never  exercised  to  its  full  extent. 
In  the  meantime,  the  county  government  had  moved 
from  the  old  juzgado  to  the  building  on  First  Street, 
opposite    Fountain    Alley,   and  afterwards  the    Bella 

Union  Building  on  Santa  Clara  Street,  where  the 
Auzerais  House  now  stands. 

In  1851  Judge  Redmon  selected  Market  Plaza  as 
the  site  for  the  court-house,  and  the  same  was  pur- 
chased from  the  city.  This  included  the  old  State 
House,  which  was  fixed  up  for  the  use  of  the  courts 
and  county  officers.  This  building  seems  to  have 
been  looked  upon  by  the  people  as  common  property, 
and  they  were  accustomed  to  hold  all  sorts  of  meet- 
ings and  entertainments  there.  This  was  considered 
by  the  county  government  as  an  infringement  of  its 
dignity,  and  in  July,  1852,  the  sheriff  was  ordered  to 
"take  charge  of  the  court-house  and  allow  no  dances, 
balls,  or  shows  to  be  held  therein."  This  order  elicited 
such  a  cry  of  indignation  from  the  people  that,  within 
two  days  after  its  issuance,  it  was  modified  so  as  to 
allow  the  use  of  the  building  as  an  assembly  hall  and 
place  of  entertainment,  but  instructing  the  sheriff  to 
collect,  for  such  uses,  a  sufficient  amount  to  pay  the 
fees  of  a  janitor  and  watchman. 

The  old  State  House  having  burned,  the  court-house 
was  removed  to  the  adobe  building  on  Lightstone 
Street,  owned  at  that  time  by  Frank  Lightstone,  and 
the  officers  again  began  to  look  about  for  permanent 
location.  Levi  Goodrich  was  appointed  as  architect, 
and  directed  to  present  plans  and  specifications,  the 
idea  being  to  rebuild  on  the  old  lot  at  Market  Plaza. 
The  plans  were  drawn,  and  the  clerk  directed  to  call 
for  bids;  but  before  anything  further  was  done,  A.  S. 
Caldwell  made  a  proposition  to  sell  the  county  the  lot 
and  buildings  at  the  southeast  corner  of  San  Fernando 
and  Second  Streets.  A  committee  was  appointed  and 
reported  that  the  building,  with  a  little  alteration, 
would  be  suitable  for  a  court-house,  and  the  purchase 
was  made.  The  price  paid  was  $4,000.  In  Decem- 
ber, 1853,  this  building  was  officially  declared  to  be 
the  county  court-house,  the  same  order  setting  apart 



the  south  room  on  the  lower  floor  as  the  district  court- 
room. This  building  was  afterwards  known  as  the 
"What  Cheer  House,"  and  is  still  standing.  The 
county  sold  the  State  House  lot  to  a  Mr.  Briggs  for 
$500,  reserving  the  right  to  use  the  jail  thereon  until  a 
new  jail  could  be  built.  The  county  occupied  its  new 
quarters  for  sixteen  years,  when  it  became  necessary 
to  have  enlarged  accommodations.  An  order  was 
made  offering  a  hundred  dollars  for  the  best  plan  for 
a  new  court-house. 

Pending  this  matter,  the  clerk  was  authorized  to 
negotiate  with  the  city  council  for  the  use  of  the  sec- 
ond story  of  the  City  Hall  on  Market  Street  for  a 
court-room.  This  resulted  in  a  two  years'  lease  of 
the  upper  portion  of  the  City  Hall,  in  return  for  which 
the  county  gave  the  city  the  use  of  a  portion  of  the 
lot  at  the  corner  of  San  Fernando  and  Second  Streets. 
This  exchange  was  effected  in  August,  i860.  In  the 
latter  part  of  this  year,  Levi  Goodrich  presented  plans 
for  a  new  building,  which  were  adopted,  and  he  re- 
ceived the  premium  of  $100  offered  therefor.  In 
March,  of  1861,  the  Board  of  Supervisors  asked  Hon. 
A.  L.  Rhodes  to  procure  the  passage  of  an  act  by  the 
Legislature,  authorizing  the  county  to  issue  bonds  to 
pay  for  the  building;  they  also  directed  Mr.  Goodrich 
to  prepare  working  drawings. 

The  lease  of  the  City  Hall  expired  in  1862,  and  at 
that  time  Martin  Murphy  was  finishing  his  brick 
block  on  Market  Street.  He  offered  to  rent  the  up- 
per portion  of  these  buildings  to  the  county  for  $190 
per  month,  and  finish  them  in  a  manner  suitable  for 
use  as  county  offices,  the  large  hall  at  the  corner  of 
Market  and  El  Dorado  Streets  to  be  used  as  a  court- 
room. The  county  accepted  the  offer  and  took  a  five 
years'  lease,  with  the  privilege  of  renewal.  This  was 
the  last  location  of  the  court-house  prior  to  the  con- 
struction of  the  present  building. 

Two  years  elapsed  before  anything  more  was  done 
towards  a  new  building.  During  this  time  there  grew 
up  a  sentiment  that  the  old  lot  at  the  corner  of  San 
Fernando  and  Second  Streets  was  not  a  suitable  lo- 
cation, and  the  supervisors  were  urged  to  purchase 
another  lot.  There  was  some  opposition  to  this  sug- 
gestion, and  some  heated  debates  were  had  over  it  at 
the  Board  meetings.  Two  of  the  supervisors,  Messrs. 
Quimby  and  Yates,  were  opposed  to  buying  another 
lot,  and  when  the  resolution  was  adopted  to  change 
the  location,  voted  in  the  negative,  as  they  also  did  at 
each  subsequent  stage  of  the  proceedings.  Among 
the  sites  offered  the  Board  was  the  one  now  occupied 
by  the  court-house.     It  was  owned  by  W.  H.  Hall, 

who  offered  to  sell  it  to  the  county  for  $5,000.  The 
committee  appointed  to  examine  the  title  reported 
that  they  had  had  it  examined  by  the  "best  attorneys 
in  the  city,"  and  that  it  had  been  pronounced  valid 
The  purchase  was  consummate^,  Mr.  Hall  receiving 
from  the  county  the  sum  of  $7,353  in  currency,  in  lieu 
of  the  $5,000  in  gold,  the  extra  $2,353  being  the  dif- 
ference between  gold  and  greenbacks  at  that  time. 
The  original  tract  was  one  hundred  and  thirty-seven 
and  a  half  feet  front  on  First  Street  by  two  hundred 
and  seventy-five  feet  deep;  subsequently  twelve  and  a 
half  feet  more  frontage  was  secured  from  JosiahBelden, 
and  in  1867  more  frontage  was  purchased,  the  price  of 
the  latter  being  $40  per  foot.  Adjoining  property  is 
now  rated  at  $275  per  front  foot.  Work  on  the  court- 
house was  pushed  as  rapidly  as  possible,  and  on  Jan- 
uary I,  1868,  the  county  officers  took  possession. 
Originally  there  was  but  one  court-room,  the  ceiling  of 
which  extended  to  the  roof  In  1879  a  floor  was  laid 
cutting  this  apartment  into  the  two  rooms,  as  they  now 
are.  The  cost  of  the  building  was  about  $200,000. 

The  first  county  jail  was  located  on  the  lot  occupied 
by  the  old  State  House,  and  was  erected  when  that 
building  was  used  as  a  court-house.  When  that  lot 
was  sold  to  Briggs,  the  county  reserved  the  right  to 
use  the  jail  until  a  new  one  could  be  built.  In  1854 
a  contract  was  awarded  to  Marcus  Williams  to  erect 
a  jail  on  the  last  part  of  the  lot  at  the  corner  of  Second 
and  San  Fernando  Streets.  The  price  was  to  be  $15,- 
000,  and  R.  B.  Buckner  was  appointed  a  committee  to 
superintend  the  construction.  This  jail  was  completed 
January  2,  1855.  It  was  of  brick,  with  iron  cells,  and 
was  considered  a  remarkably  secure  place  for  confin- 
ing prisoners.  It  was  used  until  1871,  and  did  good 
service.  It  was  injured  by  the  earthquake  of  1864, 
but  the  walls  were  drawn  back  to  their  places  with 
iron  rods  and  the  building  pronounced  as  good  as 

When  the  new  court-house  was  built  it  was  found 
necessary  to  have  the  county  jail  nearer  to  the  court- 
rooms, and  Levi  Goodrich  was  directed  to  prepare 
plans  for  a  new  building.  The  plans  were  submitted 
and  adopted,  and  the  architect  directed  to  proceed 
with  the  construction.  This  was  in  1870,  and  during 
the  next  year  the  jail  was  completed  and  in  use. 
The  old  jail  was  torn  down  and  the  brick  used  in  the 
new  building.  The  old  jail  lot  was  sold  for  $5,850. 
COUNTY  irosriTAL. 

The  first  organized  effort  to  care  for  the  indigent 



sick  was  made  in  1854,  when  a  committee  from  the 
common  council  met  a  committee  from  the  Board  of 
Supervisors  and  agreed  to  act  in  concert  in  this  mat- 
ter. By  the  terms  of  this  agreement  the  county  was 
to  bear  two-thirds  of  the  expense  and  the  city  one- 
third.  All  affairs  concerning  indigent  sick  were  to  be 
managed  by  a  joint  committee,  composed  of  two 
members  of  each  Board.  The  council,  however,  re- 
fused to  confirm  the  action  of  its  committee,  alleging 
that  they  were  able  to  take  care  of  their  own  indigent 
sick.  On  this  the  supervisors  appointed  George  Peck, 
R.  G.  Moody,  and  William  Daniels  as  a  relief  com- 
mittee, or  Board  of  Health.  During  this  year  the 
county  received  $869.49  as  its  share  of  the  State  relief 

The  next  year,  1855,  a  county  physician  was  ap- 
pointed and  the  citj-  agreed  to  pay  $50  per  month  to- 
wards maintenance  and  medical  attendance  for  indi- 
gent sick.  About  the  same  time  the  old  Levy  prop- 
erty was  rented  for  a  hospital,  the  county  paying  a 
monthly  rent  of  $40  per  month.  In  November  of 
the  same  year  the  county  advertised  for  propo.sals  for 
a  house  and  lot  for  hospital  purposes.  In  response  to 
this  call  the  Merritt  Brothers  offered  to  sell  the  old 
Sutter  House  for  $5,500.  This  house  was  situated  to 
the  northeast  of  the  city,  and  to  it  was  attached 
twenty-five  acres  of  ground.  The  proposition  was  ac- 
cepted and  the  county  occupied  the  premises  until 
February,  1856,  when,  the  owners  failing  to  make  a 
good  deed  to  the  property,  the  contract  for  the  pur- 
chase was  rescinded.  The  county  then  advertised  for 
proposals  for  taking  care  of  the  indigent  sick.  The 
first  contract  was  let  to  Dr.  G.  B.  Crane,  who  agreed 
to  maintain  the  patients  and  furnish  medical  and  sur- 
gical attendance  for  $4,600  per  year,  the  number  of 
patients  not  to  be  more  than  seven  per  day,  or,  if  in 
excess  of  that  number,  to  be  paid  for  at  that  rate. 
For  several  years  the  patients  were  farmed  out  in  this 
manner,  the  county  paying  the  contractor  from  $4,000 
to  $5,000  per  year  for  the  service. 

In  i860  the  necessity  for  a  hospital  building  be- 
came very  apparent,  and  a  committee  was  appointed 
to  select  a  site.  Many  offers  of  property  were  made, 
but  the  proposal  of  Hiram  Cahill  was  finally  ac- 
cepted. This  tract  contained  twelve  acres  of  land, 
and  was  situated  on  the  south  side  of  South  Street, 
just  west  of  the  Los  Gatos  Creek.  The  price  paid 
was  $4,000.  The  buildings  were  repaired  and  en- 
larged, and  a  pest-house  built  on  the  creek  to  the 
south.  These  premises  were  occupied  until  1871. 
Before  this  time,  however,  in  1868,  the  hospital  be- 
came   too   small    to    accommodate    all    the    patients. 

The  city  had  grown  much  larger,  and  there  was  con- 
siderable objection  to  the  location  of  the  institution 
so  near  to  the  city  limits.  An  effort  was  made  to 
secure  another  location,  but  it  was  three  years  before 
a  new  site  was  chosen.  The  Board  finally  purcha.sed, 
of  John  S.  Conner,  one  hundred  and  fourteen  acres 
of  land  where  the  infirmary  is  now  situated.  The 
price  paid  was  $12,400.  In  1875  the  contract  for  the 
building  was  awarded  to  W.  O.  Breyfogle,  for  $14,- 
633.70.  Messrs.  Lenzen  &  Gash  were  the  architects. 
Before  this,  however,  the  buildings  from  the  old 
grounds  had  been  removed  to  the  new  site,  and  the 
old  premises  cut  up  into  lots  and  sold,  netting  the 
county  $4,518.64.  In  1884  eighty-one  acres  of  the 
new  tract  were  sold  to  different  parties,  leaving  thirty- 
three  acres  in  the  present  grounds.  The  money  ac- 
cruing from  these  sales  amounted  to  $14,727.71,  being 
$2,327.71  more  than  the  cost  of  the  entire  tract. 

Up  to  1883  there  was  no  almshouse  in  Santa  Clara 
County.  Invalids  in  destitute  circumstances  were 
cared  for  at  the  county  hospital,  while  the  indigent 
who  were  not  invalids  were  cared  for  by  allowances 
by  the  Board  of  Supervisors.  These  allowances  were 
of  money,  provisions,  clothing,  fuel,  etc.,  as  each  case 
might  demand.  For  many  years  the  destitute  chil- 
dren were  cared  for  by  the  Ladies'  Benevolent  So- 
ciety, this  society  receiving  from  the  supervisors  a 
monthly  allowance  of  a  certain  amount  per  capita. 
Many  children  are  still  cared  for  in  this  manner. 
Each  supervisor  exercised  a  supervision  over  the 
destitute  of  his  respective  district,  and  all  allowances 
were  made  on  his  recommendation.  This  was  a 
vexatious  duty  for  the  Board,  and  whatever  care  was 
exercised,  impositions  were  successfully  perpetrated. 

The  expense  necessarily  incurred  by  this  system 
of  affording  relief  began  to  be  very  burdensome,  and 
in  1883  steps  were  taken  to  establish  a  county  farm. 
In  March  of  that  year  a  committee  was  appointed 
to  examine  the  matter,  and  this  committee  reported 
the  advisability  of  organizing  an  almshouse.  From 
this  time  to  the  latter  part  of  1S84  the  Board  occu- 
pied itself  in  examining  different  sites  offered  for  the 
location.  Finally  the  present  site  was  adopted,  and 
a  hundred  acres  of  land  purchased  of  James  Boyd, 
for  $25,000.  The  tract  contained  the  present  main 
building,  which  had  been  erected  some  years  pre- 
viously by  John  O'Toole,  a  former  owner,  at  an  ex- 
pense of  $21,000,  and  which  was  intended  as  a  resi- 
dence. Now  all  aid  to  destitute  persons  is  extended 
through  this  institution.  Persons  not  residents  of  the 
county  are  not  aided  at  all,  but  are  returned  to  the 
counties  where  they  belong. 

THE  first  record  that  we  have  of  the  establishment 
of  pubHc  schools  is  a  document  which  was  found 
among  the  old  archives  of  the  pueblo,  and  purporting 
to  be  a  contract,  made  in  i8li,  between  the  com- 
missioners of  the  pueblo,  on  behalf  of  the  families 
thereof,  and  Rafael  Villavicencio,  for  the  instruction 
of  all  the  children  of  the  pueblo.  Having  been  sent 
to  the  commander  at  Monterey,  it  was  returned  with 
additions  and  modifications,  and  the  document  thus 
amended  constituted  the  first  school  law  of  the  city 
of  San  Jose.  As  such,  as  well  as  on  account  of  its 
peculiarity,  it  deserves  a  place  in  this  work.  Fol- 
lowing is  the  text:  "I  return  to  you,  that  the  same 
may  be  placed  in  the  archives,  the  obligation  which 
the  inhabitants  of  the  neighborhood  have  made  with 
the  infirm  corporal,  Rafael  Villavicencio,  who  trans- 
mitted it  to  me  by  official  letter  of  the  thirtieth  of  last 
September,  in  which  he  obligated  himself  to  teach 
the  children  of  this  pueblo  and  vicinity  to  read,  write, 
and  the  doctrine,  and  to  be  paid  therefor  at  the  rate 
of  eighteen  reals  per  annum,  by  every  head  of  a 
family,  in  grain  or  flour.  As  in  this  obligation  of 
both  parties  the  conditions  are  not  expressed,  which 
I  consider  ought  to  be,  I  have  thought  proper  to 
dictate  them,  that  you  may  make  it  known  to  both 
parties  in  public,  with  their  consent,  and  that  it  be 
signed  by  you,  the  Alcalde,  Regidores,  and  the  teacher, 
and  registered  in  the  archives.  Firstly,  the  pay  of 
eighteen  reals  annually,  by  each  and  every  head  of 
a  family,  I  think  is  quite  sufficient  for  the  teacher, 
and  as  it  is  all  they  can  give,  in  virtue  of  which  the 
commissioner  will  be  obliged  to  collect  the  same  at 
the  proper  time,  in  order  to  deliver  it  to  the  teacher. 
The  teacher,  in  virtue  of  the  pay  which  is  to  be  made 
to  him,  will  also  be  obliged  to  perform  his  obligation 
with  the  greatest  vigilance  and  strictness,  without 
giving  his  attention  to  anything  else  but  the  teaching. 
As  the  hours  are  not  expressed  in  which  the  attend- 
ance of  the  children  ought  to  be  at  school,  they  will 
be  these:  six  in  a  day, — three  in  the  morning  and 

three  in  the  afternoon ;  in  the  morning  from  eight 
o'clock  until  eleven,  and  in  the  afternoon  from  two 
until  five,  it  being  the  duty  of  the  commissioner  to 
compel  the  fathers  to  make  their  children  attend,  and 
to  see  that  the  teacher  in  no  instance  fails.  Every 
Thursday  and  Saturday  afternoon  the  children  will 
not  write  or  read,  but  explanations  will  be  given  them, 
these  two  afternoons,  of  the  doctrine  (faith),  at  which 
times  the  commissioner  will  attend,  and  advise  the 
teacher  that  he  must  answer  for  the  much  or  little 
explanation  which  he  may  make.  When  the  teacher 
observes  the  absence  of  any  of  the  scholars  at  the 
school,  he  will  notify  their  fathers,  who  will  give  some 
satisfactory  reason  why  they  were  absent  on  that 
morning  or  afternoon;  and  if  they  should  be  absent 
a  second  time,  then  he  will  notify  the  commissioner, 
who  will  compel  the  fathers  to  send  their  children, 
without  receiving  any  excuse  or  pretexts,  particularly 
from  the  mothers,  because  they  will  all  be  frivolous, 
since  the  children  have  sufficient  time  to  do  all  that 
they  are  required  to  do.  Lastly,  during  the  time  in 
which  the  children  are  at  school,  their  fathers  will  be 
exempt  from  being  responsible  to  God  for  them,  and 
the  teacher  will  be  the  one  who  is  thus  responsible; 
as  he  will,  also,  in  consideration  of  his  pay,  be  re- 
sponsible for  the  education  and  teaching  of  the  holy 
dogmas  of  the  religion;  and  the  teacher  is  he  who 
must  be  responsible  to  God,  the  parish  priest,  and  to 
their  authority. 

"It  is  also  understood  that  the  fathers  are  obliged  to 
examine  their  children  at  home,  as  to  the  advance- 
ment which  they  may  make,  and  to  complain  to  the 
commissioner  when  they  see  no  advancement,  in  order 
that  he  may  remedy  the  matter,  if  necessary.  As  the 
teacher  is  responsible  in  the  divine  presence  for  the 
education  and  good  examples  of  his  scholars,  and  as 
he  must  answer  to  the  State  for  the  fulfillment  of  his 
obligations,  he  has  the  right  to  correct  and  punish 
his  scholars,  with  advice,  warning,  and  lashes,  in  case 
of  necessity;  and  particularly  he  ought  to  do  it  for 



any  failure  to  learn  the  doctrine,  for  which  he  ought 
not  to  accept  any  excuse,  nor  to  pardon  anyone  from 
punishment  who  fails  to  learn  it,  or  who  does  not 
commit  to  memory  the  lesson  which  may  be  given 

We  have  no  informaJ:ion  as  to  how  long  the  "  infirm 
corporal "  conducted  this  school,  but  it  was  a  fair  type 
of  the  educational  system  of  the  country  up  to  the 
time  when  the  parish  schools  were  organized  under 
the  immediate  supervision  of  the  church,  and  taught 
by  the  priests.  These  teachers  were  men  of  high 
education,  and  the  curriculum  consisted  of  consid- 
erably more  than  the  "  reading  and  writing "  bar- 
gained for  with  Raphael  Villavicencio,  and  we  may 
logically  infer  that  the  spiritual  instruction  of  the 
pupils  was  on  a  correspondingly  high  plane.  At  the 
present  day  we  see  these  parish  schools  developed 
into  such  institutions  as  the  St.  Joseph's  day  school, 
and  the  Academy  of  Notre  Dame,  presided  over  by 
men  and  women  who  have  abandoned  the  world  for 
the  purpose  of  devoting  their  lives  to  this  noble  work. 

The  first  Protestant  school  of  which  we  have  any 
record  was  opened  by  Rev.  E.  Bannister  in  185 1,  and 
was  called  the  San  Jose  Academy.  In  it  were 
taught  not  only  the  English  branches,  but  the  classics. 
At  first  it  was  a  private  enterprise,  but  in  the  same 
year  it  was  incorporated,  having  a  Board  of  nine 

In  1853  a  school  for  young  ladies,  called  the  Bas- 
com  Institute,  was  opened.  It  was  under  the  aus- 
pices of  the  Pacific  Conference  of  the  Methodist 
Episcopal  Church,  and  was  managed  by  nine  trustees. 
Mrs.  R.  C.  Hammond  was  the  first  principal.  She 
was  succeeded  by  Samuel  Lea  as  principal,  with  Orrin 
Hinds  as  assistant,  and  the  institution  continued  pros- 
perously until  October,  1859. 

The  first  common  school  was  organized  by  a  com- 
mittee of  citizens  in  March,  1853,  and  was  taught  by 
Rev.  Horace  Richardson.  In  June  of  the  same  year 
the  committee  opened  another  school  in  the  Baptist 
Church  and  employed  Orrin  Hinds  as  teacher. 

Of  those  whom  the  discovery  of  gold  brought  to 
this  coast,  a  large  proportion  were  men  of  liberal  edu- 
cation, many  of  them  collegians  and  fitted  to  take 
the  highest  rank  in  the  various  professions.  By  rea- 
son of  their  intelligence  and  mental  culture,  these 
men  were  put  to  the  front  in  public  affairs.  They 
determined  that  the  new  State  should  have  every 
facility  for  popular  education  that  could  be  afforded. 
Legislation  on  this  subject  commenced  early  and 
was  characterized  by  a  spirit  of  liberality,  which  was 

met  with  enthusiasm  by  the  people  at  large.  As  a 
result  of  this  legislation  this  county  was,  in  1855,  di- 
vided into  sixteen  school  districts.  Having  a  large 
number  of  educnted  men  to  draw  on  for  a  supply  of 
teachers,  the  schools  became  wonderfully  efficient 
from  the  start.  The  liberal  salaries  paid  teachers  at- 
tracted the  best  educational  talent  from  the  older 
States,  and,  almost  from  the  very  beginning,  the  com- 
mon schools  of  California  took  rank  with  the  very  best 
in  the  Union.  Especially  was  this  the  case  in  Santa 
Clara  County,  where  the  liberal  appropriations  of  the 
State  were  supplemented  by  equally  liberal  ones  from 
the  county  funds,  which  enabled  these  schools  to  be 
at  once  placed  in  a  most  effective  condition.  The 
school  statistics  for  1888  show  that  Santa  Clara 
County  has  seventy-three  school  districts,  with  one 
hundred  and  seventy-four  teachers;  that  there  are 
eleven  thousand  two  hundred  and  fifty-nine  school 
children  between  the  ages  of  five  and  seventeen  years, 
and  that  there  are  eighty  public  school  buildings, 
erected  at  an  average  cost  of  about  $5,000  each.  The 
public  school  property  is  estimated  at  $436,072;  the 
school  libraries  contain  seventeen  thousand  one  hun- 
dred and  seventeen  volumes,  valued  at  $25,178.  The 
schools  are  graded  from  primary  departments  to  the 
High  School,  and  the  course  of  study  includes  all 
branches  necessary  to  enable  the  pupil  to  matriculate 
at  the  State  University. 

The  city  now  owns  the  following  principal  school 
buildings: — 

Santa  Clara  Street  School,  containing  eight  rooms 
and  assembly  hall;  built  in  1867,  at  a  cost  of  $22,000. 

Reed  Street,  or  Third  Ward  School,  eight  rooms 
and  assembly  hall;  built  1870;  cost  $16,000. 

Fourth  Ward  School,  eight  rooms  and  assembly 
hall;  built  1874;  cost  $18,000. 

First  Ward  School,  eight  rooms  and  assembly  hall; 
built  1875;  cost  $20,000. 

Second  Ward,  or  Empire  Street  School,  eight  rooms 
and  assembly  hall;  built  1877;  cost  $19,000. 

There  are  several  smaller  buildings  at  convenient 
points  in  the  city,  while  another  large  house  to  cost 
$20,000  is  about  to  be  erected. 


Was  established  by  an  act  of  the  Legislature,  May  2, 
1862.  It  opened  its  doors  with  thirty-one  pupils.  It 
was  located  in  San  Francisco,  where  it  occupied  rooms 
in  the  public-school  buildings  of  that  city,  first  of  the 
San  Francisco  High  School,  then  rented  rooms  on 
Post  Street,  and  afterwards  at  the  Lii.coln  Grammar 



School.  Its  usefulness  in  providing  efficient  teachers 
for  the  public  schools  of  the  State  was  soon  recognized, 
and  in  1870  an  appropriation  was  made  for  the  erec- 
tion of  suitable  buildings.  One  of  the  most  memo- 
rable battles  ever  witnessed  in  the  legislation  of  the 
State,  occurred  on  the  question  of  selecting  a  location 
for  this  institution.  Nearly  every  county  in  the  State 
offered  a  site,  and  some  of  them  large  subsidies  in 
money.  San  Jose  offered  to  give  Washington  Square, 
containing  twenty-eight  acres,  for  the  use  of  the 
State,  and  this  offer  was  accepted.  A  large  and  mag- 
nificent wooden  building  was  erected  under  the  super- 
vision of  the  architect,  Mr.  Theo.  Lenzen.  This  build- 
ing, with  all  of  its  contents, including  furniture,  maps, 
charts,  library,  apparatus,  and  museum,  was  burned  to 
the  ground,  February  11,  1880.  The  Legislature  was 
then  in  session  and  a  bill  was  immediately  introduced 
into  that  body  for  an  appropriation  to  rebuild,  the 
school  in  the  meantime  occupying  rooms  in  the  High 
School  building. 

An  effort  was  made  to  change  the  location  of  the 
institution,  and  the  fight  of  1870  again  came  on  with 
renewed  vigor.  But  San  Jose  was  again  successful, 
and  an  appropriation  was  made  with  which  the  pres- 
ent magnificent  building  was  erected.  The  number 
of  students  for  the  year  1887-88  was  five  hundred 
and  ninety-seven;  there  were  sixty-one  in  the  gradu- 
ating class. 


This  institution  is  in  the  town  of  Santa  Clara, 
near  the  old  Mission  Church,  which  is  included  in  the 
grounds.  It  is  a  Catholic  school,  established  by  the 
Jesuits,  through  Father  Nobili,  in  1851,  but  was  not 
incorporated  and  empowered  to  confer  degrees  until 
1855.  Since  that  time  its  career  has  been  one  of  prog- 
ress in  all  the  branches  of  a  liberal  Christian  educa- 
tion. Many  of  the  most  prominent  men  of  the  State 
claim  her  as  tr///ia  iiiatcr.  The  best  educators  of  the 
famous  Society  of  Jesus  have  occupied  chairs  in  the 
faculty  and  have  administered  the  affairs  of  the  in- 
stitution in  a  manner  that  has  given  the  Santa  Clara 
College  a  world-wide  reputation.  Its  curriculum  does 
not  stop  with  the  ordinary  college  course,  but  em- 
braces the  learned  professions  as  well.  When  the  hills 
and  gulches  of  California  were  full  of  prospectors  for 
the  precious  metals,  the  opinions  of  the  Department 
of  Metallurgy  were  sought  for  as  absolute  authority, 
while  in  the  Departments  of  Agriculture  and  Horti- 
culture it  has  rendered  equally  valuable  service  to 
the  State.  Students  from  the  Old  World  seek  its 
academic  shades  to   perfect   themselves  in  specialties, 

while  its  halls  are  filled  with  young  men  of  all  classes 
and  creeds.  It  stands  on  a  historic  spot,  surrounded 
with  the  traditions  of  the  days  when  the  little  band 
of  devoted  priests  planted  the  banners  of  the  church 
in  this  lovely  valley,  and  laid  the  foundation  of  our 
present  greatness.  The  original  cross,  erected  in  1 877, 
still  stands  before  its  portals. 

The  massive  buildings  and  beautiful  grounds  of  the 
College  of  Notre  Dame,  standing  in  the  heart  of  the 
populous  city  of  San  Jose,  in  no  way  indicate  the 
small  beginning  from  which  they  sprung.  In  1844 
a  band  of  devoted  Sisters  established  a  mission 
school  in  the  Willamette  Valley,  in  Oregon.  In  185 1 
other  Sisters  of  the  Order  started  from  Cincinnati  to 
join  in  the  work  on  the  Willamette.  They  were  to 
come  by  way  of  the  Isthmus,  and  Sister  Loyola  of 
Nouvain,  and  Sister  Mary  of  Nismes,  came  down 
from  Oregon  to  San  Francisco  to  meet  them.  Finding 
that  they  would  be  compelled  to  wait  some  time  for 
the  arrival  of  the  vessel  from  Panama,  these  Sisters 
accepted  the  hospitality  of  Mr.  Martin  Murphy,  and 
became  his  guests  at  his  ranch  near  Mountain  View. 
They  looked  through  the  valley  and  were  charmed 
with  its  natural  beauties  and  advantages.  At  this 
time  Father  Nobili  was  laying  the  foundations  of 
Santa  Clara  College.  He  suggested  that  the  Sisters 
should  establish  an  educational  institution  here,  and 
these  suggestions  were  supplemented  by  the  urgent 
entreaties  of  Mr.  Murphy  and  other  citizens.  The 
Sisters  were  easily  persuaded.  They  chose  the 
present  site  for  their  buildings,  purchasing  at  first  a 
tract  of  ground  10134X137I  feet.  There  was  no 
Santa  Clara  Street  then,  and  no  improvements  near 
them.  San  Jose  had  but  twenty-six  houses,  and  they 
were  nearly  all  on  Market  Street,  or  further  east. 
The  ground  was  grown  up  with  mustard  and  weeds, 
through  which  an  acequia,  or  water-ditch,  flowed  slug- 
gishly. The  only  improvements  were  three  adobe 
walls  with  a  tile  roof  Whether  or  not  the  Sisters 
knew  it  at  the  time,  they  made  a  very  shrewd  selec- 
tion, the  old  mustard  patch  having  become  immensely 
valuable.  Having  made  their  choice  of  location, 
they  did  not  delay  their  work.  Mr.  Goodrich,  the 
architect,  was  employed,  and  by  August  their  school 
was  in  operation.  From  this  small  beginning  has 
risen  one  of  the  grandest  educational  institutions  in 
the  Union.  The  foundations  of  the  present  main 
building  were  laid  in  1854,  and  the  Sisters  have  added 
buildings  from  year  to  year,  until  they  have  reached 
their  present  dimensions. 



This  institution  was  established  in  1851,  under  the 
auspices  of  the  Methodist  Episcopal  Church.  For 
the  first  few  years  of  its  existence  it  had  a  hard  strug- 
gle for  life.  It  occupied  buildings  in  the  town  of 
Santa  Clara,  working,  watching,  and  waiting  for  a  re- 
ward for  its  labors.  In  1S66  the  tract  of  land  on  the 
Alameda,  known  as  the  University  tract,  was  subdi- 
vided into  lots,  with  a  site  for  the  University  reserved 
in  the  center.  In  1871  the  first  building  was  com- 
pleted and  the  University  established  in  its  perma- 
nent home.  The  expense  of  the  building  absorbed 
all  the  funds,  and  the  question  of  meeting  current  ex- 
penses and  maintaining  the  efficiency  of  the  institu- 
tion was  a  nightmare  that  continually  haunted  the 
trustees.  In  1872,  at  the  General  Conference  held  in 
San  Jose,  a  desperate  effort  was  made  for  salvation. 
Eloquent  appeals  were  made  to  the  members  of  the 
Conference,  and  to  the  lay  brethren,  and  to  the  friends 
of  education  generally.  The  result  was  that  different 
sums  were  pledged  by  individuals,  sufficient  in  the 
aggregate  to  make  up  a  respectable  endowment. 
With  this  the  institution  took  a  new  lease  of  life  and 
has  prospered  ever  since.  A  new  building,  to  be  used 
as  a  boarding-house,  was  soon  erected,  and  this  was 
followed  with  other  and  more  pretentious  improve- 
ments. The  first  college  class  graduated  from  a 
classical  course  in  the  State  of  California  was  sent 
out  from  this  institution  in  1858.  Hon.  Thomas  H. 
Laine,  of  San  Jose,  was  a  member  of  this  class.  The 
college  course  is  open  to  males  and  females  alike. 
The  curriculum  is  complete,  and  the  high  position  in 
the  various  walks  of  life  taken  by  its  alumni  fully 
demonstrates  the  thoroughness  of  its  discipline. 

GARDEN   crry   business  college  and  academy. 

Prof  H.  B.  Worcester,  proprietor  of  the  Garden 
City  Business  College  and  Academy,  came  to  San 
Jose  in  the  fall  of  1876,  and  took  charge  of  the  Busi- 
ness College  Department  of  the  San  Jose  Institute 
for  one  term;  and  in  January,  1877,  opened  a  school 
for  instruction  in  book-keeping,  and  for  business  train- 
ing, in  his  own  private  parlors.  Eight  years  before,  in 
1869,  Prof  James  Vinsouhaler  established  a  commer- 
cial college  in  San  Jose,  which  he  conducted  success- 
fully until  his  death,  in  the  spring  of  1876.  The 
business  college  was  then  connected  with  the  Insti- 
tute, changing  the  name  to  Institute  Business  Col- 
lege. But  the  combination  proved  unsuccessful,  and 
the  school  soon  went  down.  After  the  collapse  of  the 
institute,  Professor  Worcester  leased  its  building  on 

First  and  Devine  Streets,  in  which  he  carried  on  his 
young  and  growing  school  till  near  the  close  of  1878. 
He  then  leased  the  hall  in  the  Farmers'  Union  Build- 
ing, corner  of  Santa  Clara  and  San  Pedro  Streets, 
and  removed  his  school  to  it.  There  was  at  first  con- 
siderable unoccupied  room  in  the  large  hall,  forty  by 
eighty  feet  in  area,  but  under  the  professor's  able  man- 
agement it  .soon  grew  to  the  full  capacity  of  the  hall. 
Still  thinking  to  improve  and  enlarge  the  facilities  of 
the  college.  Professor  Worcester  leased  the  still  more 
commodious  quarters  the  college  now  occupies,  known 
as  Commercial  Hall,  at  59  South  Market  Street. 
The  room  is  one  hundred  feet  square,  and  is  divided 
into  a  lecture-room,  school-room,  recitation-rooms  and 
office.  It  is  admirably  lighted  and  in  every  way  well 
adapted  for  the  purpose,  and  is  fitted  up  and  fur- 
nished with  all  the  furniture  and  appliances  of  a  first- 
class  commercial  college,  including  desks  and  sittings 
for  a  hundred  students.  The  attendance  during  the 
school  year  numbers  from  one  hundred  and  fifty  to 
two  hundred.  The  business  course  embraces  book- 
keeping, penmanship,  arithmetic,  business  paper,  com- 
mercial law,  business  correspondence,  business  prac- 
tice, lectures,  and  reading.  The  academic  course  in- 
cludes such  studies  and  instruction  as  will  fit  the 
pupils  to  enter  any  of  the  literary  colleges  or  universi- 
ties. Many  of  the  graduates  from  the  Garden  City 
Business  College  are  filling  prominent  positions  in 
banks  and  other  large  business  establishments. 

After  obtaining  his  early  education,  Professor  Wor- 
cester enlisted  in  the  U  S.  Army,  from  which  he  was 
discharged  at  the  end  of  two  years' service  on  account 
of  ill  health.  He  took  a  course  in  Bryant  &  Strat- 
tan's  Business  College,  and  entered  upon  a  career  of 
twelve  years  of  practical  business  life,  at  the  end  of 
which  he  was  tendered  the  principalship  of  the  Aurora 
Business  College,  in  Aurora,  Illinois.  He  filled  this 
position  from  1873  till  1875,  when  he  resigned  to  come 
to  California,  to  recover  his  wife's  failing  health.  As 
an  instructor  in  the  school-room  Professor  Worcester 
has  few  equals.  His  methods  are  original,  and  his 
power  to  present  facts  and  impart  knowledge  to  the 
receptive  mind,  is  peculiarly  striking  and  impressive. 


In  1884  Senator  Leland  Stanford  announced  his 
intention  of  founding  an  institution  of  learning,  as  a 
monument  to  the  memory  of  his  deceased  son,  and  to 
endow  it  with  property  valued,  at  that  time,  at  $10,- 
000,000.  The  location  selected  for  this  great  univer- 
sity was  the  famous  Palo  Alto  Rancho,  in  tlic  northern 



part  of  Santa  Clara  County.  It  was  to  be  as  com- 
plete in  its  scope  as  any  of  the  noted  universities  of 
the  Old  World,  with  the  modern  idea  of  a  thorough 
technical  education  in  all  the  departments  of  art,  me- 
chanics, agriculture,  and  horticulture.  This  idea  was 
elaborated  by  consultation  with  eminent  men,  and  on 
the  twenty-first  day  of  May,  1887,  the  corner-stone  of 
the  great  institution  was  laid  in  the  presence  of  the 
prominent  men  of  the  State.  In  the  meantime  the 
value    of  the  property,  constituting    the    endowment. 

had  increased  to  nearly  double  the  first  estimate,  and, 
with  the  rapid  growth  of  the  State,  will  be  worth  over 
$20,000,000  by  the  time  the  university  is  ready  to  re- 
ceive students.  With  this  magnificent  fund  there  will 
be  no  limit  to  the  usefulness  of  the  institution.  It  is 
not  the  province  of  this  work  to  describe  the  buildings, 
which  are  of  the  most  substantial  character,  and  will 
endure  when  this  book  is  forgotten.  The  work  is  being 
pushed  rapidly  forward  by  skilled  workmen. 





IT  was  two  years  after  the  close  of  the  war  with 
Mexico  and  the  cession  of  Alta  California,  before 
the  city  of  San  Jose  had  a  government  under  the 
American  system.  Up  to  that  time  the  Alcalde  had 
been  the  chief  executive  officer,  and  the  Ayuntamiento, 
or  Town  Council,  had  been  the  legislative  body  for  the 
pueblo.  This  was  the  Spanish  method,  and  had  been 
continued  by  the  Americans,  who  retained  the  system, 
but  selected  their  own  countrymen  for  Alcalde  and 
members  of  the  Ayuntamiento. 

An  act  to  incorporate  the  city  of  San  Jose  was 
passed  by  the  Legislature  March  27,  1850,  by  which 
it  was  directed  that  the  city  government  should  con- 
sist of  a  mayor  and  seven  councilmen,  who  were 
designated  a  "  body  politic  and  corporate,"  under 
the  name  of  "The  Mayor  and  Common  Council  of 
the  City  of  San  Jose."  This  name  is  still  retained, 
notwithstanding  all  the  changes  that  have  been  made 
in  the  charter  since  that  time.  By  this  act  the  city 
limits  were  fixed  as  follows:  "  Beginning  on  the  east 
bank  of  the  Coyote  River,  two  miles  south  of  the 
center  of  Washington  Square,  in  the  pueblo  of  San 
Jose,  and  running  due  west  to  the  west  bank  of  the 
San  Jose  River  (Guadaloupe);  thence  following  down 
the  bank  of  said  river  to  a  point  four  miles  distant 
in  a  straight  line;  thence  due  east  to  the  east  bank  of 
the  Coyote  River;  thence  up  the  bank  of  said  river 
to  the  place  of  beginning."  The  act  also  provided 
that  an  election  for  city  officers  should  be  held 
on  the  second  Monday  of  April,  and  in  each  year 
thereafter.  The  election  resulted  in  the  choice  of 
Josiah  Belden  as  mayor,  and  F.  B.  Clement,  Benj. 
Cory,  James  D.  Curl,  John  H.  Garrison,  Peter 
Shereback,  Julian  Hanks,  and  William  Foster,  as 

The  first  building  used  as  a  City  Hall  was  the  old 
juzgado,  but  in  1S50  this  building  was  torn  down  and 
the  seat  of  city  government  was  located  in  an  adobe 

building  on  what  is  now  Lightston  Alley,  where  it 
remained  until  the  City  Hall  on  Market  Street  was 
completed,  in  1855. 

The  first  city  tax  was  levied  July  1 1,  1850,  and  was 
one  per  cent  on  the  assessed  value  of  all  property. 

The  first  council  voted  themselves  pay  at  the  rate 
of  sixteen  dollars  per  day,  against  the  protest  of  Benj. 
Cory.  This  pay  ordinance  was  repealed  in  December 
of  the  same  year.  Dr.  Cory  presenting  the  motion  for 
repeal,  in  which  he  was  sustained  by  the  almost  unan- 
imous sentiment  of  the  people,  and  a  bare  majority 
of  the  common  council. 

The  first  order  looking  to  the  improvement  of 
streets  was  on  December  2,  1850,  which  provided  for 
sidewalks  on  First  Street,  from  the  north  end  of  the 
City  Hotel  to  San  Fernando  Street;  on  Santa  Clara 
Street,  from  First  to  Market;  on  Market,  from  Santa 
Clara  to  San  Fernando;  on  the  south  side  of  San 
Fernando,  from  Market  to  First;  on  San  Jose  Street, 
from  south  end  of  the  legislative  hall  to  San  Fernando 
Street.  These  sidewalks  were  to  be  of  "the  best  inch- 
and-quarter  pine,  red  or  fir  wood,  with  well-made 
gravel  crossings,  and  of  five  feet  in  width;"  one-half 
the  expense  to  be  borne  by  the  property  owners. 

The  income  of  the  city  for  the  first  year  of  its  in- 
corporation was  $37,359.30,  and  its  expenditures 
amounted  to  $37,106.04.  The  expenses  included  a 
debt  of  $7,500  handed  down  to  it  from  the  Ayunta- 
miento of  the  previous  year. 

There  was  considerable  difficulty  in  straightening 
out  the  complications  arising  from  the  purchase  of  the 
property  known  as  the  State  House,  as  related  in  a 
previous  chapter.  The  city,  having  purchased  it  from 
the  trustees,  Aram,  Belden,  and  Reed,  had  it  on  hands 
when  the  capital  was  removed  from  San  Jose.  Soon 
after  that  event,  the  city  sold  it  to  the  county  for  the 
location  of  county  buildings.  The  trustees,  not  hav- 
ing been  paid,  asserted  a  claim,  and  there  were  also 
filed    on    the    building    mechanics'    liens    to   a    large 




amount.  The  title  was  sought  to  be  clouded  in  all 
directions,  and  was  so  tangled  up  that  it  was  not  until 
1853  that  the  sale  to  the  county  was  fully  completed. 
There  seemed  to  have  been  an  understanding  that  the 
money  received  from  the  county  should  be  paid  to  the 
trustees,  Messrs.  Aram,  Belden,  and  Reed,  but  this 
was  not  done;  hence  the  litigation  related  in  our 
chapter  on  land  titles. 

The  city  was  divided  into  four  wards  in  April,  1853, 
and  a  fire  warden  appointed  for  each  ward.  An  ap- 
propriation of  $2,000  for  fire  apparatus  was  also 

In  1855  the  office  of  captain  of  police  was  created, 
and  delegates  to  the  Fire  Department  were  also  pro- 
vided for. 

April  16,  1855,  the  mayor  and  common  council 
held  its  first  session  in  the  new  City  Hall,  on  Market 

In  the  earlier  years  of  the  city's  existence  it  was 
compelled  to  struggle  with  a  large  debt,  which,  be- 
ginning with  the  burden  imposed  by  the  preparations 
for  the  first  Legislature  (a  legacy  from  the  old  Ayun- 
tamiento),  increased  from  year  to  year.  The  high 
prices  of  materials  and  labor  rendered  any  kind  of 
public  improvements  a  costly  undertaking,  while  the 
small  amount  of  taxable  property  gave  an  income 
much  too  small  for  the  necessities  of  the  young  mu- 
nicipality. Warrants  on  the  city  treasury  were  not 
paid,  for  want  of  funds,  and  as  each  year's  tax  was  col- 
lected disputes  arose  as  to  whether  it  should  be  ap- 
plied to  the  whole  floating  debt  pro  rata,  or  each 
warrant  paid  in  full  in  order  of  its  issuance.  How- 
ever this  question  might  be  decided,  it  was  sure  to 
give  dissatisfaction  to  a  large  number  of  citizens. 
Added  to  this  was  the  more  serious  trouble  of  provid- 
ing for  the  absolute  wants  of  the  city.  People  would 
neither  furnish  materials  nor  perform  labor  for  city 
warrants  without  adding  to  the  current  prices  a  sum 
sufficient  to  cover  interest  for  an  indefinite  time.  As 
the  usual  rate  of  interest  in  tho.e  days  was  three  per 
cent  per  month,  the  debt  increased  with  race-horse 
speed,  while  the  income  came  in  halting  at  a  snail's 
pace.  Finally,  in  1856,  the  Legislature  passed  an  act 
authorizing  the  city  to  fund  its  floating  debt  by  the 
issuance  of  bonds  to  the  amount  of  $40,000,  to  bear 
interest  at  the  rate  of  twelve  per  cent  per  annum. 
To  perform  this  work  the  mayor,  president  of  the 
council,  and  city  treasurer  were  constituted  a  "Board 
of  Commissioners  of  the  Funded  Debt  of  the  City  of 
San  Jose."  The  existence  of  Ihis  Board  was  limited 
to  the  following  July.     They  issued   a  portion  of  the 

bonds  provided  for,  which  gavea  temporary  relief;  but 
in  1858  the  city  was  again  in  financial  straits,  and  the 
Legislature  again  came  to  its  aid.  By  an  act  passed 
in  that  year  it  revived  the  Board  of  Fund  Commis- 
sioners, appointing  on  the  Board  Wm.  Daniels,  Thos. 
Fallon,  and  James  C.  Cobb,  vacancies  to  be  filled  by 
appointment  by  the  city  trustees.  The  new  Board 
was  authorized  to  issue  bonds  enough  to  cover  the 
full  amount  of  $40,000  provided  by  the  former  act, 
and,  to  assist  in  the  payment  of  these  bonds,  the  city 
trustees  were  authorized  to  convey  to  these  commis- 
sioners all  the  city's  right  and  title  to  the  pueblo  lands 
and  other  property.  The  bonds  were  to  be  paid  by 
1866.  It  was  under  this  act  that  the  proceedings  were 
had  which  are  related  in  our  chapter  on  land  titles,  and 
which  resulted  in  the  confirmation  to  the  city  of  the 
large  body  of  pueblo  lands,  and  which  enabled  the 
commissioners  to  extinguish  the  entire  indebtedness 
of  the  city.  This  latter  event  was  accomplished  in 
1865.  This  financial  experience  of  the  city  was  the 
cause  of  incorporating  in  one  of  the  early  charters  a 
provision  to  the  eff"ect  that  the  common  council  should 
create  no  debt  upon  the  credit  of  the  city.  For  more 
than  twenty-two  years  this  proposition  was  adhered 
to,  and  San  Jose  was  the  only  city  of  its  class  in  the 
Union  that  had  no  debt  of  any  kind  whatever. 

A  public  meeting  of  citiz  .'ns  was  held  January  24, 
1857,  to  take  measures  towards  reconstructing  the 
city  charter.  It  was  declared  the  opinion  of  the  meet- 
ing that  the  old  charter  should  be  abolished.  A  com- 
mittee was  appointed  to  draft  a  new  charter.  At  a 
subsequent  meeting  Wm.  Matthews  presented  amend- 
ments to  the  old  charter,  which  were  adopted.  An 
act  embodying  these  amendments  was  passed  by  the 
Legislature,  but  vetoed  by  the  Governor;  but,  March 
27,  another  act  was  passed,  which  the  Governor 
signed,  and  the  new  charter  was  accomplished.  Un- 
der the  new  system,  the  government  of  the  city  was 
vested  in  five  trustees,  a  treasurer,  a  clerk  and  asses- 
sors, and  a  collector. 

An  ordinance  authorizing  Geo.  Wheeler  and  John 
Ashley  to  lay  gas-pipes  in  the  streets  was  passed 
January  11,  1858.  Nothing  ever  came  of  this  enter- 

In  July,  i860,  James  Hagan  secured  a  franchise 
from  the  city  for  this  purpose.  On  the  twenty-first 
day  of  January,  i86i,the  first  lights  were  given.  This 
is  the  origin  of  the  present  San  Jose  Gas  Company. 
There  were  then  only  ei:_;hty-four  consumers  and 
seven  street  lights.  The  consumption  of  gas  for  the 
first  year  was  one  hundred  and  sixty-five  thousand 



cubic  feet,  which  consumed  three  thousand  six  hun- 
dred and  fifty  tons  of  coal  in  its  manufacture. 

Oak  Hill  Cemetery  has  been  the  burying-ground  for 
the  city  since  its  incorporation,  as  it  had  been  for  the 
pueblo  for  some  years  prior  to  that  time.  In  1858 
an  ordinance  was  passed  fixing  rates  at  which  the 
burial  lots  should  be  sold,  and  prescribing  rules  for 
the  government  of  the  cemetery.  Adjacent  property 
has  been  acquired  from  time  to  time. 

Jasper  D.  Gunn,  who  had  for  five  years  been  city 
marshal,  absconded,  having  embezzled  $2,700  of  the 
city's  money.  Gunn  was  tried  and  acquitted  of  the 
criminal  charge,  but  his  bondsmen  were  sued  by  the 
cit)'  and  judgment  obtained  against  them. 

In  Burton's  apportionment  of  pueblo  lands,  certain 
lots  had  been  reserved  for  school  purposes.  These 
lots  had  been  assessed  for  taxation,  and  had  been 
sold,  for  non-payment  of  taxes,  to  private  persons. 
In  1863  the  common  council  concluded  that  all  these 
sales  were  illegal,  and  sought  to  recover  the  lots.  To 
this  end  it  employed  W.  T.  Wallace  to  bring  suits 
in  ejectment  against  those  in  possession,  the  fee  to 
be  $8,000.  Immediately  after  this  contract  was  made, 
the  regular  city  election  came  on,  and  a  new  council 
was  elected.  The  mayor  in  his  message  said:  "The 
tenure  by  which  these  lots  and  land  are  held  is  known 
to  you  all.  It  is  known  that  the  city  did  adopt  pre- 
liminary measures  to  set  apart  this  land  for  school 
purposes;  but  it  is  further  known  that  all  the  acts  of 
our  city  government,  from  that  time  up  to  the  action 
of  our  late  council,  have  been  of  such  a  character  as 
to  afford  the  most  undoubted  evidence  that  it  did 
not  consider  that  'setting  apart'  of  said  lots  and 
land  as  legal  or  morally  binding  upon  itself;  hence 
they  had  taxed  them,  and  caused  them  to  be  sold  for 
the  payment  of  taxes.  The  common  council  and 
the  commissioners  of  the  Funded  Debt  have  sold, 
and  by  deed  vested  individuals  with  full  ownership 
of,  a  large  part  of  this  land,  and,  so  far  as  plighted 
faith  and  the  sacredness  of  moral  obligations  can  be 
binding  upon  a  municipality  like  ours,  the  individual 
rights  to  this  land  and  these  lots  thus  derived,  vested, 
and  secured,  ought  to  be  held  forever  undoubted  and 
inviolate."  The  council  was  of  the  same  opinion,  and 
canceled  the  contract  with  Wallace.  He  brought 
suit  against  the  city  to  recover  his  fee.  He  secured 
a  judgment  in  the  Third  District  Court,  but  the  city 
appealed  to  the  Supreme  Court,  which  reversed  this 
judgment,  and  the  plaintiff  recovered  nothing. 

Donald  McKenzie  was  granted  permission,  in  May, 
1864,  to  lay  water-pipes   in   the   streets  of  the  city. 

This  was  the  beginning  of  the  San  Jose  Water  Com- 

In  1866  Washington  and  St.  James'  Squares  were 
fenced,  and  Market  Plaza  graded.  The  latter  square 
was  afterward  finely  improved,  but  the  location  of 
Chinatown,  on  San  Jose  Street,  prevented  its  being 
a  popular  resort. 

In  1879  an  act  was  passed  by  the  Legislature 
authorizing  the  city  to  open  Market  Street  through 
the  plaza,  and  close  San  Jose  and  Guadaloupe  Streets, 
and  sell  the  vacant  lands  adjoining  Market  Street 
as  opened.  There  was  so  much  opposition  to  this 
that  the  street  commis  ioner  saw  fit  to  accomplish 
his  work  in  the  dark.  The  people  awoke  one  morn- 
ing to  find  the  trees  and  shrubbery  in  the  line  of  the 
street  cut  down  and  destroyed.  The  square  reinained 
in  a  dilapidated  condition  for  several  years.  Finally 
the  street  was  improved,  but  none  of  the  adjoining 
lots  were  sold.  It  was  selected,  after  the  burning  of 
Chinatown,  in  1887,  as  the  site  for  the  new  City  Hall. 
The  heirs  of  Antonio  Maria  Pico  have,  from  time  to 
time,  claimed  this  property  on  the  ground  that  it  was 
granted  to  the  pueblo  by  their  ancestor  to  be  used 
as  a  plaza,  and  was  forfeited  when  that  use  ceased. 
The  claim  of  the  Pico  heirs  has  never  caused  any 
uneasiness  in  regard  to  the  title  to  the  square. 

Some  spasmodic  attempts  were  made  toward  the 
improvement  of  Washington  Square,  but,  besides 
inclosing  it  with  a  wooden  fence,  in  1866,  planting  a 
few  trees  and  making  a  circular  drive  in  1869,  nothing 
of  moment  was  accomplished.  In  1871  it  was  granted 
to  the  State  as  a  site  for  the  Normal  School,  and  has 
been  under  that  jurisdiction  ever  since. 

The  improvement  of  St.  James'  Square  was  more 
vigorously  pressed.  In  1869,  some  of  the  trees  hav- 
ing been  planted  two  years  previously,  a  systematic 
system  was  adopted.  The  grounds  were  laid  out 
into  walks,  grass  was  planted,  and  a  superintendent 
was  employed.  This  system  was  modified  and  im- 
proved in  the  winter  of  1887-88,  when  it  was  brought 
to  its  present  beautiful  condition. 

In  a  work  of  this  character  it  would  be  neither 
profitable  nor  interesting  to  record,  in  detail,  all  the 
work  of  the  city  government  during  its  existence. 
The  city  records  are  sufficiently  full  and  explicit  to 
afford  all  necessary  information  in  this  regard.  While 
it  was  considered  a  remarkably  good  thing  to  be  able 
to  say  that  the  city  owed  no  one  a  penny,  the  clause 
in  the  charter  forbidding  the  council  to  create  any 
debt  often  became  a  cause  of  embarrassment  to  the 
city    government.     The    rapid    growth    of    the   city 



created  a  demand  for  extraordinary  expenses,  which 
could  not  be  made  without  a  large  increase  in  the 
rate  of  taxation.  The  channels  of  the  streams  needed 
to  be  improved,  so  as  to  prevent  overflow.  A  system 
of  sewerage  was  necessary,  and  there  was  a  rapidly 
growing  demand  for  increased  school  facilities.  A 
tax  sufficient  to  meet  these  requirements  would  have 
been  a  burden  against  which  the  people  would  have 
protested.  An  attempt  was  made  in  1874  to  break 
over  the  rule  prescribed  in  the  charter.  A  resolution 
was  adopted  by  the  council,  directing  the  drafting  of 
a  bill  to  be  presented  to  the  Legislature,  authorizing 
the  city  to  issue  bonds  to  the  amount  of  $40,000,  the 
proceeds  to  be  used  for  the  building  of  school-houses. 
The  bonds  were  to  run  twenty  years,  and  bear  eight 
per  cent  interest.  Nothing  further  was  done  in  the 
matter,  however,  and  it  rested  until  1880.  At  the 
city  election  held  that  year  the  matter  of  issuing 
bonds  was  submitted  to  the  people,  in  connection 
with  other  propositions.  These  propositions  and  the 
result  of  the  vote  are  as  follows:  To  incur  a  debt  to 
build  the  new  City  Hall — for,  842;  against,  1,096. 
To  open  Second  Street  through  St.  James'  Square — 
for,  192;  against,  1,649.  To  establish  a  free  public 
library — for,  1,232;  against,  605. 

This  disposed  of  the  question  of  a  city  debt  for 
another  six  years.  In  1886  a  proposition  was  sub- 
mitted to  the  people  at  a  special  election,  asking  for 
the  issuance  of  bonds  for  the  following  purposes: — 

Public  sewers $150,000 

A  new  city  hall 100,000 

Iron  bridges 25,000 

Improvement  of  squares 7>500 

Improvement  of  streets I7i50° 

Total $300,000 

It  required  a  two-thirds  vote  to  carry  any  of  these 
propositions,  and  they  were  all  lost.  Within  twelve 
months,  however,  the  people  experienced  a  change  of 
heart.  The  great  tide  of  immigration  that  was  flow- 
ng  into  the  southern  country  had  attracted  the  at- 
tention of  the  San  Jose  Board  of  Trade,  which  was 
making  strenuous  efforts  to  turn  the  stream  in  this 
direction.  Another  effort  was  made  to  bring  up  the 
improvements  of  the  city.  Public  meetings  were 
held,  and  the  common  council  petitioned  to  call  an 
election,  asking  the  people  to  vote  for  or  against  the 
issuance  of  bonds  for  the  following  purposes: — 

Completing  the  mam  sewer $150,000 

Branch  sewers 13S.000 

Building  new  city  hall 150,000 

Cross  walks  and  parks 50,000 

Wooden  bridges 1 5,000 

Total $500,000 

The  vote  was  in  the  affirmative  on  all  these  propo- 
sitions. The  bonds  were  issued  payable  in  twenty 
years,  and  bearing  interest  at  five  per  cent.  The  bonds 
were  sold  to  Mr.  A.  Sutro,  who  paid  one-eighth  of 
one  per  cent  premium. 

Early  in  1888  it  was  discovered  that  the  election 
which  authorized  the  issuance  of  these  bonds  was  not 
held  strictly  in  accordance  with  the  statute.  The 
irregularity  claimed  was  that  the  notice  was  one  day 
short  of  the  time  required  by  law.  There  was  some 
difference  of  opinion  as  to  whether  or  not  this  was  a 
fatal  error,  but  the  purchaser  of  the  bonds  did  not  de- 
sire to  leave  the  matter  undecided,  and  asked  that  it 
be  settled.  There  was  a  proposition  to  make  up  an 
agreed  case,  and  submit  it  to  the  courts  for  adjudica- 
tion, and  another  proposition  to  call  a  new  election, 
issue  new  bonds,  and  cancel  the  old  ones.  The  latter 
method  was  considered  to  be  somewhat  hazardous. 
The  people  had  three  times  rejected  the  proposal  to 
create  a  debt  against  the  city,  and  there  was  a  chance 
t  at  a  two-thirds  vote  might  not  be  again  obtained. 
A  result  of  this  kind  would  have  been  most  disastrous, 
inasmuch  as  it  would  not  only  stop  all  the  improve- 
ments that  had  been  commenced,  but  would  have  been 
a  breach  of  faith  that  would  have  destroyed  the  repu- 
tation of  the  municipality.  This  latter  consideration, 
however,  was  not  seriously  entertained  by  many  of  the 
citizens,  the  majority  holding  to  the  opinion  that  al- 
though the  people  might  be  opposed  to  incurring  a 
debt,  they  were  not  only  willing  but  anxious  to  pay 
any  obligation  honestly  incurred,  and  would  not  take 
refuge  behind  any  legal  technicality  to  avoid  a  just  re- 
sponsibility. This  opinion  was  fully  confirmed.  A 
new  election  was  called,  and  the  proposition  to  issue 
new  bonds  carried  by  a  practically  unanimous  vote. 
The  new  bonds  were  issued,  and  the  old  ones  burned 
in  the  presence  of  the  mayor  and  common  council  and 
a  large  concourse  of  citizens. 

During  the  last  few  years,  preceding  1888,  much  in- 
convenience was  experienced  from  the  fact  that  the  ex- 
isting charter  was  not  broad  enough  for  the  city.  San 
Jose  had  grown  rapidly,  and  was  developing  necessi- 
ties that  were  not  provided  for  in  the  old  municipal 
constitution.  The  new  constitution  of  the  State,  which 
prohibited  local  legislation,  and  the  statutes  enacted 
under  it,  prevented  amendments  after  the  old  manner. 
Pursuant  to  the  new  order  of  things,  at  the  regular 
city  election  held  in  April,  1888,  a  board  of  fifteen 
freeholders  were  elected,  who  were  authorized  to  frame 
a  new  charter  for  the  city.  The  following-named  cit- 
izens constituted  the  Board:  L.  Archer,  C.  W.  Brey- 



fogle,  J.  H.  Campbell,  A.  W.  Crandall,  G.   E.   Graves, 

A.  Greeninger,  V.  Koch,  L.   Lion,  B.   D.  Murphy,  D. 

B.  Moody,  H.  Messing,  C.  L.  Metzger,  John  Reynolds, 
John  W.  Ryland,  D.  C.  Vestal.  These  gentlemen 
prepared  a  charter  and  submitted  it  July  6,  1888.  It 
will  be  voted  on  by  the  people  at  the  next  general 
election,  or  at  such  other  time  as  the  council  may 

.  The  city  limits  have  not  been  materially  changed 
since  the  first  incorporation.  Following  is  their  de- 
scription as  they  now  exist:  Beginning  on  the  center 
line  of  Second  Street,  at  a  point  one  mile  and 
a  half  southeasterly  from  its  intersection  with  the 
center  line  of  San  Fernando  Street;  thence  running 
in  a  straight  line  parallel  with  San  Fernando  Street  to 
the  center  of  the  Coyote  Creek;  thence  down  follow- 
ing the  center  of  said  creek  to  its  intersection  with  a 
line  drawn  through  the  center  of  Rosa  Street;  thence 
along  said  line  through  the  center  of  Rosa  Street  in  a 
straight  course  to  a  point  forty  rods  southwesterly 
from  the  west  bank  of  the  river  Guadaloupe;  thence 
in  a  straight  line  to  a  point  in  the  center  line  of  San 
Fernando  Street,  produced  forty  rods  southwesterly 
from  the  said  west  bank  of  the  river  Guadaloupe; 
thence  in  a  straight  line  parallel  with  Second  Street 
to  a  point  that  a  line  drawn  from  it  to  the  place  of 
beginning  will  be  parallel  with  San  Fernando  Street; 
thence  along  said  line  to  the  place  of  beginning. 

The  division  of  the  city  into  wards  has  never  been 
changed  since  the  order  of  the  council  in  1853,  which 
created  four  fire  wards,  as  follows:  First  Ward,  north 
of  Santa  Clara  Street  and  west  of  First  Street;  Sec- 
ond Ward,  north  of  Santa  Clara  Street  and  east  of 
First  Street;  Third  Ward,  South  of  Santa  Clara  Street 
and  east  of  First  Street;  Fourth  Ward,  south  of  Santa 
Clara  Street  and  west  of  First  Street. 

In  1884  the  system  of  street  numbering  was  changed 
to  the  present  method,  which  is  as  follows:  Santa 
Clara  Street  is  the  starting-point,  being  number  one; 
thence  north  and  south  in  regular  order,  in  each  di- 
rection, with  one  hundred  numbers  to  each  block. 
Each  number  is  designated  as  being  either  north  or 

Following  is  a  list  of  all  the  city  officers  from  the 
first  election  in  1850  to  the  present  time: — 

Josiah  Belden,  mayor;  Thos.  B.  Gadden,  clerk. 
Councilmen — F.  B.  Clement,  Benjamin  Cory,  James  D. 
Curl,  John  H.  Garrison,  Peter  Sherback,  Julian  Hanks, 
William  Foster. 


Thos.  W.  White,  mayor;  Joseph  Simpson,  clerk;  F. 
Lightston,  tieasurer;  John  H.  Watson,  attorney;  C. 
E.  Allen,  assessor;  G.  N.  Whitman,  city  marshal. 
Councilmen — Joseph  Aram,  J.  B.  Devoe,  Benjamin 
Cory,  H.  C.  Melone,  Josiah  Belden,  J.  D.  Hoppe,  J. 
M.  Murphy. 


Thos.  W.  White,  mayor;  E.  P.  Reed,  clerk;  A.  J. 
Yates,  treasurer;  F.  S.  Mclvinncy,  attorney;  J.  M. 
Williams,  assessor;  Geo.  Hale,  marshal.  Council- 
men — Joseph  Aram,  J,  B.  Devoe,  Benj.  Cory,  H.  C. 
Melone,  Josiah  Belden,  J.  D.  Hoppe,  J.  M.  Murphy. 


Thos.  W.  White,  mayor;  E.  P.  Reed,  clerk;  Thos. 
Vermeule,  treasurer;  F.  S.  McKinney,  attorney;  E.  P. 
Reed,  assessor;  Geo.  Hale,  marshal.  Councilmen — 
J.  C.  Emerson,  P.  O.  Minor,  Benj.  Cory,  J.  H.  Watson, 
Levi  Goodrich,  M.  W.  Packard,  J.  M.  Williams. 

■  Thos.  W.  White,  mayor;  E.  P.  Reed,  clerk  and  as- 
sessor; Thos.  Vermeule,  treasurer;  A.  C.  Campbell, 
attorney;  Geo.  Hale,  marshal.  Councilmen — Jos. 
Aram,  W.  M.  Stafford,  F.  Lightston,  J.  M.  Murphj-, 
Chas.  Moody,  J.  McGill,  S.  O.  Houghton 

S.  O.  Houghton,  mayor;  E.  P.  Reed,  clerk  and 
assessor;  J.  H.  Moore,  treasurer;  T.  E.  Soublette, 
marshal.  Councilmen — Wm.  Daniels,  A.  S.  Beaty, 
S.  M.  Cutler,  J.  M.  Murphy,  P.  O.  Minor,  C.  Martin, 
R.  G.  Moody. 


Lawrence  Archer,  mayor;  E.  P.  Reed,  clerk  and 
assessor;  j.  H.  Moore,  treasurer;  F.  S.  McKinney,  at- 
torney; T.  E.  Soublette,  marshal;  Eli  Corwin,  super- 
intendent of  schools.  Councilmen — Thos.  Fallon, 
C.  W.  Pomeroy,  S.  M.  Cutler,  John  B.  Price,  Levi 
Goodrich,  J.  M.  Murphy,  Givens  George. 

In  this  year  the  city  government  was  organized  as 
a  Board  of  Trustees,  the  president  of  the  Board  being 
ex-officio  mayor. 

R.  G.  Moody,  mayor;  Chapman  Yates,  clerk  and 
assessor;  T.  H.  Moore,  treasurer;  T.  E.  Soublette, 
marshal;  Eli  Corwin,  superintendent  of  schools.  Trus- 
tees— Thomas  Fallon,  Wm.  Daniels,  T.  C.  Cobb, 
Marcus  Williams. 


P.  O.  Minor,  mayor;  Chapman  Yates,  clerk;  J.  H. 
Moore,    treasurer;  Wm.    R.    Davis,    assessor;    T.    E. 



Soublette,  marshal;  Eli  Corvvin,  superintendent  of 
schools.  Trustees — C.  W.  Pomeroy,  A.  Pfister,  T. 
P.  Martin,  N.  B.  Edwards. 


City  government  organized  again  as  mayor  and 
common  council.  Thos.  Fallon,  mayor;  Wm.  R. 
Davis,  clerk  and  assessor;  Frank  Grant,  treasurer;  J. 
D.  Gunn,  city  marshal;  Eli  Corwin,  superintendent  of 
schools.  Councilmen — C.  W.  Pomeroy,  A.  Pfister, 
J.  M.  Williams,  James  Morrison,  R.  G.  Moody. 

R.  B.  Buckner,  mayor;  J.  V.  Tisdall,  clerk;  L.  P. 
Peck,  treasurer,  W.  R.  Davis,  assessor;  J.  D.  Gunn, 
marshal ;  Robert  Thomson,  superintendent  of  schools. 
Councilmen — J.  R.  Lowe,  J.  R.Wilson,  Arthur  Shearer, 
Adam  Holloway,  S.  D.  Gavitt. 

J.  W.  Johnson,  mayor;  J.  R.  Lowe,  Jr.,  clerk;  L. 
P.  Peck,  treasurer;  A.  M.  Younger,  assessor;  J.  D. 
Gunn,  marshal;  R.  P.  Thomson,  superintendent  of 
schools.  Councilmen — J.  R.  Lowe,  W.  W.  McCoy, 
C.  T.  Ryland,  Adam  Holloway,  J.  M.  Williams. 

J.  W.  Johnson,  mayor;  J.  R.  Lowe,  clerk;  L.  P. 
Peck,  treasurer ;  A.  Campbell,  treasurer;  S.W.Smith, 
assessor;  W.  S.  Patterson,  marshal;  C.  T.  Healy,  en- 
gineer; L.  Hamilton,  superintendent  of  schools. 
Councilmen— E.  J.  Wilcox,  W.  O'Donnell,  C.  D. 
Cheney,  Adam  Holloway,  Thomas  Bodley. 

J.  A.  Quinby,  mayor;  J.  T.  Calahan,  clerk  and 
assessor;  D.  B.  Moody,  treasurer;  F.  E.  Spencer, 
attorney;  J.  C.  Potter,  marshal;  L.  Hamilton,  superin- 
tendent of  schools.  Councilmen — C.  W.  Pomeroy, 
Jesse  Hobson,  John  Bonner,  C.  Yates,  D.  J.  Porter, 
L.  Magenheimer. 


John  Quinby,  mayor;  J.  T.  Calahan,  clerk  and 
assessor;  D.  B.  Moody,  treasurer;  F.  E.  Spencer, 
attorney;  J.  C.  Potter,  marshal;  L.  Hamilton,  super- 
intendent of  schools.  Councilmen — C.  W.  Pomeroy,  Hobson,  John  Bonner,  J.  M.  Cory,  D.J.Porter, 
L.  Magenheimer. 


John  A.  Quinby,  mayor;  J.  T.  Calahan,  clerk  and 
assessor;  C.  Yates,  treasurer;  F.  E.  Spencer,  attorney; 
J.  C.  Potter,  marshal:  D.  S.  Payne,  superintendent  of 
schools.  Councilmen — C.  W.  Pomeroy,  Jesse  Hob- 
son, John  Bonner,  J.  M.  Cory,  D.  J.  Porter,  L. 


John  A.  Quinby,  mayor;  J.  T.  Calahan,  clerk  and 
assessor;  C.  Yates,  treasurer;  F.  E.  Spencer,  attorney ; 
A.  B.  Hamilton,  marshal;  W.  C.  Hart, superintendent 
of  schools.  Councilmen — C.  W.  Pomeroy,  Abram 
King,  J.  A.  Clayton,  J.  M.  Cory,  D.  J.  Porter,  L. 


J.  A.  Quinby,  mayor;  J.  T.  Calahan,  clerk  and  as- 
sessor; C.  Yates,  treasurer;  F.  E.  Spencer,  attorney; 
A.  B.  Hamilton,  marshal;  J.  H.  Pieper,  engineer;   W. 

C.  Hart,    superintendent  of  schools.     Councilmen — 
China  Smith,  Abram  King,  J.  A.  Clayton,  J.  M.  Cory, 

D.  J.  Porter,  J.  A.  Leighton. 

M.  Leavenworth,  mayor;  J.  T.  Calahan,  clerk  and 
assessor;  C.  Yates,  treasurer;  F.  E.  Spencer,  attorney; 
A.  B.  Hamilton,  marshal;  J.  H.  Pieper,  engineer;  J. 
M.  Littlefield,  superintendent  of  schools.  Council- 
men — China  Smith,  John  Balbach,  J.  R.  Hall,  Charles 
Otter,  D.  J.  Porter,  J.  A.  Leighton. 

M.  Leavenworth,  mayor;  J.  T.  C  dahan,  clerk  and 
assessor;  H.  O.  Weller,  treasurer;  F.  E.  Spencer,  at- 
torney; Wm.  Sexton,  marshal;  J.  H.  Pieper,  engineer; 
Chas.  Silent,  superintendent  of  schools.  Councilmen 
— D.  C.  Vestal,  John  Balbach,  D.  C.  Bailey,  Chas. 
Otter,  D.  J.  Porter,  D.  T.  A.lams. 

1 870. 
Adolph  Pfister,  mayor;  John  T.  Calahan,  clerk  and 
assessor;  H.  O.  Weller,  trcasur -r;  F.  E.  Spencer,  at- 
torney; Wm.  Sexton,  marshal;  J.  H.  Pieper,  engineer; 
W.  C.  Hart,  superintendent  of  schools.  Councilmen 
— A.  P.  Hulsc,  Frank  Lewis,  D.  C.  Bailey,  J.  J.  Denny, 
D.  J.  Porter,  D.  T.  Adams. 

Adolph  Pfister,  mayijr;  John  T.  Calaiian,  clerk  and 
assessor;  C.  Yates,  treasurer;  F.  E.  Spencer,  attorney; 
Wm.  Sexton,  marshal;  J.  H.  Pieper,  engineer;  W.  B. 
Hardy,  superintendent  of  schools.  Councilmen — A. 
P.  Hulse,  S.  N.  Johnson,  Frank  Lewis,  Robt.  Page, 
J.  J.  Denny,  L.   Krumb. 

Adolph  Pfister,  mayor;  J.  T.  Calahan,  clerk  and 
assessor;  W.  A.  January,  treasurer;  F.  E.  Spencer, 
attorney;  Wm.  Sexton,  marshal;  J.  H.  Pieper,  engi- 
neer; E.  A.  Clark,  superintendent  of  schools.  Coun- 
cilmen— D.  C.  Vestal,  S.  N.  Johnston,  Frank  Levvi.s, 
Robert  Page,  J.  J.  Conmy,  L.  Krumb. 



B.  D.  Murphy,  mayor;  M.  Maze,  clerk  and  assessor; 
W.  A.  January,  treasurer;  F.  E.  Spencer,  attorney-;  A. 

B.  Hamilton,  marshal;   J.  H.  Pieper,  engineer;    E.  A. 
Clark,   superintendent    of  schools.     Councilmen — D. 

C.  Vestal,   C.    S.    Crydenwise,    Frank     Lewis,  John 
McCune,  J.  J.  Conmy,  A.  Greeninger. 


B.  D.  Murphy,  mayor;  M.  Maze,  clerk  and  assessor; 
W.  A.  January,  treasurer;  F.  E.  Spencer,  attorney;  J. 
V.  Tisdall,  chief  of  police;  J.  H.  Pieper,  engineer;  J. 
O.  Hawkins,  superintendent  of  schools.  Council- 
men — W.  O.  Barker,  C.  S.  Crydenwise,  Frank  Lewis, 
John  McCune,  A.  Lake,  A.  Greeninger,  W.  F.  Ellis, 
J.  Lenzen. 


B.  D.  Murphy,  mayor;  Wm.  Castle,  clerk  and  as- 
sessor; W.  A.  January,  treasurer;  F.  E.  Spencer,  attor- 
ney; J.  V.  Tisdall,  chief  of  police;  J.  H.  Pieper,  engi- 
neer; L.  F.  Chipman,  superintendent  of  schools. 
Councilmen — G.  W.  Lowery,  W.  O.  Barker,  J.  Swei- 
gert,  Frank  Lewis,  D.  Hellyer,  A.  Greeninger,  W.  F. 
Ellis,  J.  Lenzen. 


B.  D.  Murphy,  mayor;  Wm.  Castle,  clerk  and  as- 
sessor; J.  A.  Lotz,  treasurer;  F.  E.  Spencer,  attorney; 
J.  V.  Tisdall,  chief  of  police;  J.  H.  Pieper,  engineer; 
L.  F.  Chipman,  superintendent  of  schools.  Council- 
men — A.  L.  Bascom,  G.  W.  Lowery,  J.  Sweigert,  M. 
Hale,  Geo.  B.  McKee,  A.  Greeninger,  D.   C.  Vestal, 

D.  Hellyer. 


B.  D.  Murphy,  mayor;  W.  N.  Castle,  clerk  and  as- 
sessor; J.  A.  Lotz,  treasurer;  J.  V.  Tisdall,  chief  of 
police;  J.  H.  Pieper,  engineer;  F.  E.  Spencer,  attor- 
ney; L.  F.  Chipman,  superintendent  of  schools. 
Councilmen — Sol.  Easterday,  J.  Y.  McMillan,  Theo- 
dore Gebler,  A.  L.  Bascom,  A.  Greeninger,  M.  Hale, 
G.  B.  McKee,  D.  C.  Vestal. 

Lawrence  Archer,  mayor;  W.  N.  Castle,  clerk  and 
assessor;  Jos.  A.  Lotz,  treasurer;  F.  E.  Spencer,  at- 
torney; D.  N.  Haskell,  chief  of  police;  W.  O.  Brey- 
fogle,  street  commissioner;  J.  H.  Pieper,  engineer; 
Jas.  G.  Kennedy,  superintendent  of  schools.  Coun- 
cilmen— B.  H.  Cottle,  Sol.  Easterday,  Theo.  Gebler,  A. 
Greeninger,  H.  C.  Kaiser,  C.  L.  Kennedy,  C.  J.  Mar- 
tin, J.  Y.  McMillan.  In  this  year  the  city  clerk  ab- 
sconded and  Charles  Keane  was  appointed  to  fill  the 


Lawrence  Archer,  mayor;  W.  F.  Ellis,  clerk  and 
assessor;  J.  A.  Lotz,  treasurer;  F.  E.  Spencer,  attor- 
ney; D.  N.  Haskell,  chief  of  police;  W.  O.  Brcyfogle, 
street  commissioner;  J.  H.  Pieper,  engineer;  J.  G. 
Kennedy,  superintendent  of  schools.  Councilmen — 
R.  S.  Carter,  Denis  Corkery,  B.  H.  Cottle,  S.  Grozelier, 
H.  C.  Kaiser,  C.  L.  Kennedy,  C.  J.  Martin,  J.  Y.  Mc- 

^       1880. 

B.  D.  Murphy,  mayor;  W.  F.  Ellis,  clerk  and  as- 
sessor; J.  A.  Lotz,  treasurer;  D.  W.  Herrington,  attor- 
ney; D.  N.  Haskell,  chief  of  police;  W.  O.  Brey- 
fogle,  street  commissioner;  J.  H.  Pieper,  engineer;  T. 
B.  Finch,  superintendent  of  schools.  Councilmen — 
R.  S.  Carter,  D.  Corkery,  S.  Grozelier,  H.  C.  Kaiser, 
A.  King,  C.  J.  Martin,  J.  Y.  McMillan,  C.  T.  Settle. 

B.  D.  Murphy,  mayor;  W.  F.  EUis,  clerk  and  as- 
sessor; J.  A  Lotz,  treasurer;  D.  W.  Herrington,  attor- 
ney; D.  N.  Haskell,  chief  of  police;  W.  O.  Breyfogle, 
street  commissioner;  J.  H.  Pieper,  engineer;  A.  W. 
Oliver,  superintendent  of  schools.  Councilmen — H. 
H.  Anderson,  S.  Grozelier,  H.  C.  Kaiser,  C.  L.  Ken- 
nedy, A.  King,  C.  J.  Martin,  H.  Messing,  C.  T.  Settle. 


C.  J  Martin,  mayor;  W.  F.  Ellis,  clerk  and  assessor; 
A.  C.  Bane,  treasurer;  D.  W.  Herrington,  attorney; 
W.  B.  Shoemaker,  chief  of  police;  D.  H.  Kelsey, 
street  commissioner;  J.  H.  Pieper,  engineer;  J.  G. 
Kennedy,  superintendent  of  schools.  Councilmen — 
H.  H.  Anderson,  A.  De  Long,  S.  Grozelier,  V.  Koch, 
H.  Messing,  Homer  Prindle,  A.  Sauffrignon,  C.  L. 


C.J.  Martin,  mayor;  W.  F.  Ellis,  clerk  and  assessor; 
A.  C.  Bane,  treasurer;  D.  W.  Herrington,  attorney; 
W.  B.  Shoemaker,  chief  of  police;  D.  H.  Kelsey, 
street  commissioner;  J.  H.  Pieper,  engineer;  J.  G. 
Kennedy,  superintendent  of  schools.  Councilmen — C. 
L.  Kennedy,  W.  H.  McCarthy,  P.  O'Brien,  VV.  F. 
Hughes,  V.  Koch,  H.  Prindle,  A.  Sauffrignon,  A.  Ue 
Long.  De  Long  resigned  and  F.  E.  Smith  was  ap- 
pointed to  fill  the  vacancy. 

1 884. 

C.  T.  Settle,  mayor;  W.  F.  Ellis,  clerk  and  assessor; 
John  R.  Wilson,  treasurer;  D.  W.  Herrington,  attorney; 
W.  D.  Brown,  chief  of  police;  John  Purccll,  street 
commissioner;  J.  H.  Pieper,  engineer;  J.  G.  Kennedy 
superintendent  of  schools.     Councilmen — A.  G.  Ben- 



nett,  C.  S.  Crydenwise,  C.  L.  Kennedy,  V.  Koch, 
W.  H.  McCarthy,  W.  R.  McKannay,  P.  O'Brien,  W. 
F.  Hughes. 


C.  T.  Settle,  mayor;  Thos.  Bodley,  clerk  and  as- 
sessor; Ji  o.  R.  Wilson,  treasurer;  D.  W.  Herrington, 
attorney;  W.  D.  Brown,  chief  of  police;  John  Purcell, 
street  commissioner;  J.  H.  Pieper,  engineer;  L.  F. 
Curtis,  superintendent  of  schools.  Councilmen — A. 
G.Bennett,  C.  S.  Crydenwise,  (J.  L.  Kennedy,  V. 
Koch,  W.  H.  McCarthy,  W.  R.  McKannay,  G.  W. 
Jame^,  Fred  Zung. 


C.  W.  Breyfogle,  mayor;  Thos.  Bodley.  clerk  and 
assessor;  J  no.  R.  Wilson,  treasurer;  D.  W.Herrington, 
attorney;  W.  D.  Brown,  chief  of  police;  John  Purcell, 
street  commissioner;  J.  H.  Pieper,  engineer;  L.  F. 
Curtis,  superintendent  of  schools.  Councilmen — R. 
B.  Dunlap,  S.  Grozelier,  G.  W.  James,  F.  Zung,  W.  H. 
McCarthy,  D.  McGinley,  C.  L.  Kennedy,  Homer 
Prindle.  Kennedy  resigned  and  Geo.  Evans  was 
appointed  to  fill  the  vacancy. 

C.  W.  Breyfogle,  mayor;  Thos.  Bodley,  clerk  and 
assessor;  J  no.  R.  Wilson,  treasurer;  D.  W.  Herring- 
ton,  attorney;  W.  D.  Brown,  chief  of  police;  John 
Purcell,  street  commissioner;  J.  H.  Pieper,  engineer; 
F.  P.  Russell,  superintendent  of  schools.  Council- 
men— R.  B.  Dunlap,  S.  Grozelier,  O.  A.  Hale,  D.  Mc- 
Ginley, Homer  Prindle,  J.  D.  Roberts,  F.  Stern,  P. 
Warkentin.  Prindle  resigned  and  G.  W.  James,  was 
appointed  to  fill  the  vacancy. 

S.  W.  Boring,  mayor;  Thos.  Bodley,  clerk  and  as- 
sessor; Jos.  F.  Columbet,  treasurer;  D.  W.  Herring- 
ton,  attorney;  W.  D.  Brown,  chief  of  police;  John 
Purcell,  street  commissioner;  J.  H.  Pieper,  engineer; 
F.  P.  Russell,  superintendent  of  schools.  Council- 
men— P.  Warkentin,  C.  M.  Schiele,  F.  M.  Stern,  A.  B. 
Hunter,  O.  A.  Hale,  Geo.  B.  Dittus,  John  D.  Roberts, 
Wm.  Petry. 


The  first  official  action,  of  which  we  have  record, 
looking  toward  the  protection  of  property  from 
fire,  was  taken  by  the  mayor  and  common  council 
July  1 1,  1850,  when  it  established  the  first  fire  limits  as 
follows:  Commencing  at  the  center  of  Second  and  St. 
James  Streets;  thence  along  Second  to  San  Carlos; 
thence  along  San  Carlos  to  the  Acequia;  thence  along 
the  Acequia  to  a  point  that  would  intersect  the  pro- 
longation of  St.  James  Street;  thence  along  St.  James 

Street  to  the  place  of  beginning.  At  the  same  time 
it  was  ordered  that  within  these  limits  there  should  be 
erected  no  edifice  composed  of  canvas,  willow,  cotton 
cloth,  tules,  mustard,  reeds  or  other  grassy  substances, 
under  a  penalty  of  not  less  than  twenty-five  nor  more 
than  two  hundred  dollars;  also  forbade  the  mainte- 
nance of  hay-stacks,  unless  suitably  guarded,  under  a 
like  penalty.  The  word  "edifice,"  used  in  the  order 
of  the  mayor  and  common  council,  seems  a  little  out 
of  place  when  applied  to  tents  and  huts,  such  as  are 
here  described. 

About  this  time  a  volunteer  fire  company  was 
formed,  called  "Fire  Engine  Company  No.  i."  This 
was  a  misnomer,  as  there  was  no  engine  or  other 
apparatus  in  the  county.  The  company  seems  to 
have  realized  this,  as  in  the  same  year  it  changed  its 
name  to  "  Eureka  Fire  Company  No.  i."  The  mem- 
bers made  application  to  the  common  council  for  an 
engine.  But  as  there  was  no  fire  machinery  to  be 
had  on  the  coast,  and  the  city  had  no  money  to  pur- 
chase with  t  ven  if  the  machine  had  been  procurable, 
the  company  was  compelled  to  work  with  buckets 
and  such  rude  appliances  as  they  could  reach.  What 
it  lacked  in  apparatus,  however,  it  made  up  in  en- 
thusiasm, and  accomplished  much  good.  The  inflam- 
mable nature  of  the  materials  of  which  the  buildings 
weie  constructed  rendered  it  almost  an  impossibility 
to  extinguish  a  fire,  but  this  same  frailty  of  construc- 
tion enabled  the  firemen  to  destroy  connections  and 
prevent  the  spread  of  conflagrations.  The  most 
notable  fires  during  the  existence  of  this  company 
were  the  burning  of  the  house  of  Samuel  C.  Young, 
on  Third  Street,  supposed  to  have  been  caused  by 
rats  igniting  matches,  and  the  destruction  of  the  old 
State  House.  The  latter  event  occurred  in  March, 
1853,  and  demonstrated  the  imperative  necessity  of 
more  adequate  protection.  Prior  to  this  time  the 
city  government  seemed  to  think  that  private  enter- 
prise would  take  this  responsibility  from  the  council- 
This  opinion  is  based  on  a  clause  of  Mayor  White's 
message  of  185 1,  in  which  he  says:  "  I  would  respect- 
fully urge  that  a  fire  department  be  immediately 
organized,  and,  if  necessary,  that  an  engine  and  other 
apparatus  be  procured;  but  there  is  reason  to  believe 
that  the  public  spirit  of  our  citizens  will  render  any 
outlay  by  the  city  in  this  matter  unnecessary." 

Having  thus  relegated  the  matter  to  the  "  public 
spirit  of  the  citizens,"  the  matter  rested  until  1853, 
when  the  council  passed  an  ordinance  dividing  the 
city  into  four  fire  wards,  and  appointed  the  following 
persons    as    fire  wardens:  For   District  No.  i,  M.  W- 



.  Alvin    C.    Campbell;    No.   3,  A.  S- 
4,   Peter   Davidson.     At    the    same 

Packard  ;  No.  : 
Woodford ;  No, 
time  an  appropriation  was  made  of  $2,000  for  the 
purchase  of  a  fire  engine,  with  hooks  and  ladders, 
the  president  of  the  council  being  authorized  to 
draw  warrants  and  orders  in  such  sums  as  he  should 
deem  advisable  and  pay  the  same  over  to  the  com- 
mittee of  citizens  that  should  be  selected  by  the 

As  a  result  of  this  action,  Hook  and  Ladder  Com- 
pany No.  I  was  organized  in  the  latter  part  of  1853, 
and  on  January  6,  1854,  it  notified  the  council  of  its 
organization  and  asked  for  an  appropriation  for  the 
purchase  ol  apparatus.  The  matter  was  referred  to 
a  committee,  which  was  instructed  to  confer  with  the 
foreman  and  draw  up  an  ordinance  covering  the 
matter  contained  in  the  memorial.  The  committee 
was  also  authorized  to  secure  the  lease  of  a  suitable 
lot  on  which  to  erect  a  building  for  the  accommoda- 
tion of  the  company.  The  committee  reported  that 
Frank  Lightston  had  agreed  to  let  a  lot  for  the  nom- 
inal rent  of  twenty-five  cents  per  annum,  if  the  com- 
mittee would  erect  suitable  buildings  within  twelve 
months.  The  lease  was  effected  and  the  old  engine 
house  on  Lightston  Street,  for  so  many  years  a  promi- 
nent landmark,  was  erected. 

At  the  meeting  of  the  council  held  June  26,  1854, 
new  fire  wardens  were  elected,  and  a  committee  was 
appointed  to  ascertain  if  a  fire  engine  could  be  pur- 
chased in  San  Francisco.  At  the  next  meeting  this 
committee  reported  that  an  engine  could  be  obtained 
for  $1,800,  and  that  hose  would  cost  $1.50  per  foot. 
The  committee  also  reported  that  four  cisterns  would 
be  required,  and  recommended  that  one  be  located 
at  the  center  of  the  intersection  of  Market  and  Santa 
Clara  Streets,  one  at  the  intersection  of  First  and 
Santa  Clara  Streets,  one  in  front  of  the  Mariposa 
Store,  on  Market  Street,  and  one  in  front  of  Jones' 
Store,  on  First  Street.  This  latter  location  was  about 
opposite  Fountain  Alley.  All  the  recommendations 
of  the  committee  were  adopted,  and  the  apparatus 
purchased,  at  a  cost  of  $2,546.25.  Of  this  amount 
the  citizens  contributed '$1,355,  and  the  remainder 
was  paid  out  of  the  city  treasury.  The  cisterns  were 
located  as  recommended  by  the  committee,  and  for 
more  than  twenty  years  were  maintained  and  used 
for  fire  purposes. 

The  engine  purchased  at  this  time  was  historic.  It 
had  been  used  by  the  Volunteer  Fire  Department  of 
New  York  as  early  as  1830,  and  was  known  as  "Old 
41,"  its  quarters  being  at  the  corner  of  Delaney  and 

Livingston  Streets.  Levi  Goodrich,  the  architect,  and 
Abe  Beatty,  the  first  landlord  of  the  Mansion  House, 
used  to  run  with  the  old  machine  in  New  York.  In 
1850  it  was  sent  to  San  Francisco,  and  sold  to  the 
engine  company  of  which  Senator  Broderick  was 
foreman.  The  city  of  San  Jose  purchased  it  from 
the  Broderick  Company.  When  brought  to  San  Jose 
it  was  given  into  the  hands  of  the  Empire  Company, 
and  its  name  changed  to  "Empire  No.  i."  It  is  now 
at  the  county  almshouse. 

The  city  had  now  a  very  effective  fire  department 
of  two  companies,  with  what  was  considered  in  those 
days  excellent  apparatus,  manned  by  the  most  prom- 
inent citizens  of  the  city,  full  of  that  heroic  enthusiasm 
for  which  the  volunteer  fire  companies  of  America 
were  noted.  Hook  and  Ladder  Company  had  a  fine 
truck,  manufactured  by  D.  J.  Porter  and  H.  J.  Has- 
kell, the  woodwork  being  done  by  C.  S.  Crydenwise. 

A  grand  parade  of  the  department  took  place  on 
New  Year's  day  of  1855.  Both  companies  assembled 
at  the  new  engine  house  on  Lightston  Street,  which 
had  just  received  its  finishing  coat  of  paint  from  the 
brush  of  James  Gourlay,  a  veteran  fireman,  who  still 
lives  to  recount  his  e.xperiences.  A  procession  was 
formed,  which  marched  through  the  principal  streets 
of  the  city  to  the  "  brick  church,"  at  the  northeast 
corner  of  Second  and  San  Fernando  Streets.  Here 
Rev.  Eli  Corwin  delivered  a  prayer,  and  Miss  Mary 
Crane,  in  behalf  of  the  ladies  of  San  Jose,  presented 
Empire  Company  with  a  beautiful  silk  banner.  The 
department  then  repaired  to  the  City  Hall,  where 
they  partook  of  a  bountiful  collation,  and  passed 
several  hours  in  speech-making  and  social  intercourse. 
This  was  the  first  public  parade  of  the  fire  depart- 
ment. After  this  they  occurred  annually  on  the 
Fourth  of  July. 

On  the  thirty-first  of  May,  1855,  a  disastrous  fire 
occurred  in  the  most  populous  portion  of  the  city. 
The  fire  originated  on  a  short,  narrow  alley  east  of 
Market  and  south  of  El  Dorado  Street.  There  were 
several  other  tenements  on  the  same  alley.  Immedi- 
ately west  of  these,  and  fronting  on  Market  Street, 
were  the  stores  of  Lazarus  &  Co.,  clothing  and  dry 
goods  merchants,  corner  of  Market  and  El  Dorado 
Streets ;  the  fruit  and  grocery  store  of  Giovani  Mul- 
inari;  the  vegetable  and  groceiy  store  of  Baptiste 
Soularis;  the  jewelry  store  of  E.  L.  Veuve;  the  con- 
fectionery establishment  of  Madam  Alviso,  and  the 
extensive  saddlery  emporium  of  August  Schweeb. 
All  of  these  suffered  considerable  lo  s.  The  progress 
of  the  fire  southward  was  somewhat  checked  by  the 



brick  walls  of  the  Auzerais  Building,  and  this  ob- 
stacle, with  the  heroic  efforts  of  the  little  fire  depart- 
ment, prevented  that  portion  of  the  city  from  entire 
destruction.  After  the  fire  had  burned  down,  the 
half-consumed  remains  of  a  man  were  found  in  the 

This  fire,  and  the  rapid  growth  of  the  city,  dem- 
onstrated the  necessity  of  further  additions  to  the  fire 
department,  but  it  was  nearly  a  year  before  anything 
was  accomplished.  In  1856  Mr.  James  Gourley,  who 
had  been  on  a  visit  to  New  York,  returned,  bringing 
with  him  a  hand  engine,  which  he  proposed  to  sell 
to  the  city.  The  council  agreed  to  purchase  it  if  a 
company  could  be  formed  to  handle  it.  This  was  no 
difficult  matter,  and  in  a  few  days  a  company  re- 
ported as  ready  for  service.  This  company  was 
called  "  Torrent  No.  2,"  and  went  into  the  depart- 
ment May  12,  1856.  The  old  "Torrent"  engine  did 
good  service  for  many  years,  and  is  now  in  the  coun- 
try doing  duty  with  a  threshing-machine.  It  has 
"  paid  for  itself"  many  times. 

These  three  companies  constituted  the  fire  depart- 
ment of  San  Jose  for  many  years,  and  this  apparatus, 
with  the  addition  of  new  hose  and  a  hose  cart  or  two, 
comprised  all  the  apparatus  until  1865,  when  the 
present  steam  engine  used  by  Empire  Company  was 
purchased  by  the  city.  This  of  course  caused  the  old 
engine  used  by  Torrent  Company  to  present  a  very 
insignificant  appearance,  and  the  boys  cast  about  for 
a  better  machine.  Mr.  Gourley  went  to  San  Fran- 
cisco, where  he  found  a  beautiful  Hunneman  hand 
engine  for  sale  very  cheap.  He  spent  some  time  in 
testing  its  capacity,  and,  being  fully  satisfied,  came 
back  and  reported  to  the  company.  Application  was 
made  for  its  purchase.  The  price  was  $1,700  cash,  and 
the  city  only  had  $1,250  available  for  this  purpose. 
The  council  finally  agreed  that  if  the  balance  could 
be  collected  by  subscription,  they  would  buy  the  en- 
gine. A  meeting  of  the  company  was  called  and  the 
proposition  presented.  There  was  a  good  deal  of  dis- 
cussion, the  tenor  of  which  was  that  it  was  useless  to 
attempt  to  raise  so  large  an  amount.  Finally  Gourley 
threw  $50  on  the  table,  saying  that  it  was  about  the 
last  dollar  he  had,  but  it  should  go  towards  purchasing 
the  new  machine.  Immediately  the  coin  began  to  be 
poured  on  the  table,  and  in  less  than  twenty  minutes 
the  whole  amount  was  raised.  The  machine  was  pur- 
chased and  remained  with  the  company  until  1873, 
when  the  city  purchased  a  Clapp  &  Jones  steamer  for 
the  Torrents,  and  the  old  Hunneman  was  turned  over 
to  Franklin  Company,  which  had   lately  been  organ- 

ized. A  few  years  later  it  was  sold  to  the  town  of 
Turlock,  where  it  is  still  doing  good  service. 

In  1855  the  department,  with  consent  of  the  council, 
established  a  Board  of  Delegates,  by  which  it  was 
practically  governed.  This  Board  consisted  of  a  num- 
ber of  members  selected  from  each  company.  The 
office  of  chief  engineer  had  been  created  and  soon  be- 
came a  position  of  great  labor  and  responsibility.  In 
1866  the  department  asked  the  council  to  provide  a 
salary  for  the  chief,  but  the  application  was  denied  on 
the  ground  that  the  city  charter  would  not  permit. 
The  officers  and  members  served  from  1853  to  1876, 
a  period  of  twenty-three  years,  with  no  compensation, 
giving  their  best  service,  and  often  risking  their  lives, 
for  the  benefit  of  the  property  owners  of  the  city.  In 
addition  to  this,  much  of  the  money  required  for  their 
proper  equipment  was  taken  from  their  own  pockets. 

In  1859  a  fire  occurred  in  the  kitchen  of  W.  T. 
Wallace's  house,  which  then  stood  on  First  Street 
about  where  the  John  Stock  Building  now  is.  The 
Fire  Department  displayed  such  skill  and  energy  that 
but  a  slight  damage  resulted.  In  recognition  of  their 
services  on  this  occasion  Judge  Wallace  presented  the 
department  with  $1,000,  which  was  placed  in  a  fund 
for  the  relief  of  sick  or  disabled  firemen.  This  was  the 
beginning  of  the  Firemen's  Charitable  Association, 
which  was  soon  after  organized,  the  members  paying 
specified  dues,  and  receiving  benefits  as  they  became 
entitled  to  them.  In  1869  an  act  was  passed  by  the 
Legislature  incorporating  the  department,  and  pro- 
viding for  exemption.  By  its  terms  a  person  who  had 
served  in  the  department  for  five  years  was  entitled  to 
a  certificate  which  exempted  him  from  military  serv- 
ice or  the  paying  of  poll-tax.  It  also  prescribed  rules 
for  the  government  of  the  Fireman's  Charitable  Fund. 
This  fund  continued  in  existence  until  the  paid  Fire 
Department  was  organized,  when,  most  of  the  mem- 
bers having  withdrawn,  it  was  divided  among  the  sur- 
vivors. There  was  very  little  left  at  the  end  to  divide; 
but,  during  its  existence,  it  accomplished  a  great  deal 
of  good,  many  thousand  dollars  having  been  disbursed 
for  the  relief  of  its  members  and  their  families. 

Early  in  1876  the  question  of  organizing  a  paid 
fire  department  began  to  be  agitated.  The  city  had 
been  out  of  debt  for  many  years,  property  had  largely 
increased  in  value,  and  she  felt  herself  financially  stout 
enough  to  assume  this  burden.  At  this  time  the  city 
had  two  steamers.  Empire  and  Torrent;  one  hand  en- 
gine, the  Franklin's;  two  hose  companies,  the  Alert's 
and  the  Eureka's,  and  Hook  and  Ladder  Company 
No.  I.     Each  of  these  machines  were  housed  in  build- 



ings  owned  by  the  city,  except  Hook  and  Ladden 
which  occupied  a  rented  room  near  the  California 
Theater.  The  proposition  of  the  city  was  to  take 
possession  of  all  this  property,  and  allow  the  old  de- 
partment to  seek  other  quarters  and  apparatus  or  dis- 
band. The  Volunteers  naturally  considered  this 
method  of  procedure  as  savoring  of  ingratitude.  They 
had  given  long  years  of  hard  service  with  no  compen- 
sation, and  objected  to  being  summarily  dismissed. 
The  machinery  which  the  cily  proposed  to  take  rep- 
resented many  hundreds  of  dollars  of  their  own  money, 
which  they  had  contributed  for  the  general  good,  and, 
although  the  title  was  undoubtedly  in  the  city,  they 
thought  they  had  some  claim  to  consideration.  They 
could  not  legally  object  to  turning  over  the  property 
and  vacating  their  quarters,  but  they  resolved  to  dis- 
band all  the  companies.  The  paid  department  was 
organized  October  3,  1876,  and  just  before  midnight 
before  the  day  the  ordinance  went  into  effect,  all  the 
companies  paraded  the  streets,  and  when  the  last 
stroke  of  twelve  o'clock  sounded,  left  the  machines  in 
front  of  the  City  Hall  and  on  Santa  Clara  Street. 
This  was  the  last  of  the  Volunteer  Fire  Department 
of  San  Jose,  as  intelligent,  well-disciplined,  and  public- 
spirited  a  body  of  men  as  was  ever  organized  in  any 
city  on  the  continent. 

We  have  omitted  one  or  two  links  in  the  history  of 
the  Volunteers,  which  we  will  supply  here.  In  the  fall 
of  1870,  Washington  Hose  Company  was  organized, 
and  did  good  service,  but,  after  a  short  time,  being  dis- 
satisfied with  the  failure  of  the  city  to  provide  either 
suitable  quarters  or  apparatus,  disbanded.  In  1875 
the  people  in  the  northeastern  part  of  the  city,  needing 
more  adequate  protection  from  fire,  organized  Eureka 
Hose  Company,  and  a  house  was  built  for  them  on 
Ninth  Street  near  St.  John.  In  1876  Alert  Hose 
Company  was  organized.  At  first  they  used  the  old 
hose  cart  of  the  disbanded  Washingtons,  but  soon 
afterwards  purchased  a  handsome  carriage,  which  they 
still  use.  This  company  is  made  up  of  young  men 
about  town  and  does  excellent  service  when  the  alarm 

From  an  old  and  defaced  chart  we  have  been  able 
to  decipher  a  few  of  the  names  of  the  old  members  of 
Hook  and  Ladder  Co.  No.  i.  They  are  Joseph  Mc- 
Gill,  Jo.s.  H.  Munn,  Calvin  C.  Martin,  Isidro  Braun, 
John  B.  Hewson,  Wm.  McGill,  Joh  ;  C.  Emerson, 
Geo.  Hall,  William  Cummings,  Elihu  Allen,  Jos.  Y. 
Ayer,  Geo.  M.  Yoell,  S.  H.  Bohm,  S.  H.  Covert,  S. 
Waterman,  Aug.  Schweeb,  P.  H.  Burgman,  D.  C. 
Chadwick,  James  Gourley,  Joseph    Basler,  James  D. 

Page,  John  Balbach,  Geo.  Lehr,  Charles  E.  Allen, 
Chas.  F.  Wiley,  Edward  Woodnutt,  Frank  Lightston, 
Elliott  Reed,  E.  P.  Reed,  Wm.  A.  Murphy,  Levi 
Goodrich,  D.  J.  Porter,  Samuel  Orr,  Chas.  Moody, 
Josiah  Belden,  Levi  P.  Peck,  C.  S.  Crydenwise,  John 
Q.  Pearl,  Henry  J.  Haskell,  S.  O.  Houghton,  J.  .H. 
Fhckinger,  John  M.  Murphy,  J.  O.  McKee,  R.  G. 
Roberts,  John  Yontz,  Hartley  Lanham,  Eli  Jones,  A. 
W.  Bell,  Geo.  Allen,  Thos.  Soublette,  A.  J.  Eddy,  G. 
W.  Warner,  B.  F.  Davis,  Wm.  A.  Munn,  J.  P.  Cham- 
berlain, Frank  McKee,  Wm.  Lowrey,  John  Mott, 
Sam  Jacobs,  John  T.  Calahan,  Chas.  Martin,  L.  F 
Redfield,  Geo.  Pennington,  Julian  Smart,  Narciso 

We  have  also  managed  to  gather  the  following 
names  of  old  members  of  Empire  No.  i : — 

F.  G.  Appleton,  A.  S.  Beaty,  J.  E.  Brown,  B.  F. 
Brown,  S.  H.  Brown,  John  Beaty,  Thos.  Brown,  Geo. 
H.  Bodfish,  George  Bego,  M.  P.  Baker,  A.  C.  Camp- 
bell, P.  Carlos,  Chas.  A.  Clayton,  J.  Cerinsky,  C.  Crit- 
tenden, C.  D.  Cheney,  S.  Dial,  Wm.  H.  Dearing, 
Peter  Davidson,  N.  B.  Edwards,  A.  Eaton,  R.  Fisher, 
John  Forney,  M.  Fisher,  J.  H.  Gregory,  Jasper  D. 
Gunn,  Levi  Goodrich,  Geo.  Hale,  D.  Herrington,  M. 
Hellman,  Adam  Holloway,  S.  J.  Hensley,  Geo. 
Hanna,  James  Hartwell,  S.  N.  Johnson,  J.  W.  Johnson, 
Geo.  H.  Jefferson,  Richard  Knowles,  R.  Langley, 
Frank  Lewis,  R.  H.  Leetch,  C.  W.  Lander,  Fred 
Malech,  Herrick  Martin,  J.  McKenzie,  Philander 
Norton,  B.  G.  Porter,  Peter  Pongoon,  C.  M.  Putney, 
Peter  Quivey,  Wm.  Runk,  A.  W.  Stone,  F.  E. 
Spencer,  M.  Stern,  J.  M.  Sherwood,  F.  Stock,  M.  R. 
Smith,  F.  B.  Tompkins,  Daniel  Travis,  Francis  Thelig, 
William  Travis,  A.  M.  Thompson,  T.  Whaland,  T. 
Williams,  Wm.  Whipple,  George  Whitman,  F.  Wood- 
ward, C.  W.  Wright,  D.  Yocham,  C.  T.  Ryland,  J.  A. 

It  is  to  be  regretted  that  these  lists  cannot  be  made 
complete,  and  also  that  no  records  have  been  pre- 
served showing  the  membership  of  the  other  volunteer 
companies,  but  all  books  and  papers  seem  to  have 
been  abandoned  in  the  same  manner  as  the  machines 
were  turned  over  to  the  city;  but,  as  the  city  could 
not  see  the  necessity  of  preserving  the  records,  they 
have  become  scattered  or  destroyed. 

About  the  time  the  paid  Fire  Department  was  or- 
ganized the  city  also  adopted  an  automatic  fire  alarm 
system,  which  has  been  improved  from  time  lo  time. 
At  the  present  time  the  department  consists  of  Empire 
and  Torrent  Companies,  each  with  a  steamer;  Frank- 
lin, Alert,  Eureka  and  Protection    Hose    Companies, 



and  Hook  and  Ladder  Company,  with  improved 
truck  and  elevating  ladders.  Negotiations  are  now 
in  progress  for  the  purchase  of  another  steamer,  which 
is  much  needed. 

The  chiefs  of  the  Fire  Department  under  the  vol- 
unteer system  were,  as  near  as  can  be  now  ascertained: 
C.  E.  Allen,  John  B.  Hewson.  Levi  Peck,  J.  C.  Potter, 
Dan  Leddy,  Adam  Hollowa\-,  James  V.  Tisdall,  Wm. 
Petry,  and  J.  C.  Gerdes.  The  officers  under  the  paid 
department  have  been: — 

From  iStj  to  iSjg — J.  C.  Gerdes,  chief;  W.  D. 
Brown,  assistant;  James   Gourlay,  hydrant    inspector. 

Fro}n  i8jg  to  1881 — J.  C.  Gerdes,  chief;  James 
Brady,  assistant;  James  Gourlay,  hydrant  inspector. 

From  1881  to  1887— ^.  D.  Brown.chicf ;  R.  Hoelbe, 
assistant;  James  Gourlay,  hydrant  inspector. 

From  1887  to  present  time — James  Brady,  chief; 
John  T.  Moore,  assistant;  James  Gourlay,  hydrant 


Among  the  most  important  of  the  public  enter- 
prises accomplished  by  the  city  are  the  improve- 
ment of  the  channels  of  the  streams  and  the  system  of 
sewerage.  The  history  of  these  two  great  works  will 
be  found  interesting  and  valuable.  For  this  history 
we  have  drawn  on  the  official  report  of  Mr.  J.  H. 
Pieper,  the  engineer  who  had  the  work  in  charge  from 
its  commencement  to  its  completion. 

The  necessity  of  enlarging  and  otherwise  improv- 
ing the  channels  of  the  streams  passing  through  the 
territory  of  the  city  was  felt  at  an  early  date.  In- 
undations of  extensive  districts  adjacent  to  both  sides 
of  the  creeks  and  rivers  within  and  outside  of  the  city 
limits  during  the  "  rainy  seasons"  were  of  frequent 
occurrence,  flooding  a  belt  of  land,  at  times,  more 
than  half  a  mile  wide  and  in  certain  localities  to  a 
depth  of  five  and  more  feet,  causing  distress  and  in 
some  instances  considerable  loss  of  property  to  the 
people  residing  within  the  limits  of  the  inundated 
district.  It  is  worthy  of  remark,  that  the  reports  of 
the  press  of  such  occurrences,  here  and  elsewhere,  did 
not  redound  to  the  prosperity  of  the  city  of  San  Jose. 

The  apparent,  if  not  real,  magnitude  of  the  work 
contemplated,  when  considered  in  connection  with  the 
means  that  seemed  available  for  the  work,  necessarily 
deferred  its  commencement.  Moreover,  there  was  no 
provision  or  authority  of  law  existing  under  which 
the  work  could  have  been  undertaken  at  that  time. 

In  the  year  1870,  however,  a  special  act  of  the 
State  Legislature  was  enacted  which  empowered  the 
Board  of  Supervisors  of  Santa  Clara    County  to  im- 

prove the  rivers  and  streams  flowing  through  Santa 
Clara  County,  including  those  passing  through  the 

Under  this  act  the  Board  of  Supervisors  appointed 
Edwin  Raynor,  a  civil  engineer  (now  deceased),  to 
make  the  necessary  surveys,  plans,  and  estimates  of 
the  proposed  work.  The  engineer  made  the  surveys 
for  the  proposed  improvements  of  a  part  of  the  Guad- 
aloupe  River,  and  filed  his  report  with  the  Board  of 
Supervisors  of  said  county,  November  6,  1871.  On 
December  14  of  the  same  year,  a  protest,  signed  by  a 
two-thirds  majority  of  the  interested  property  holders 
(who  were  authorized  by  law  to  object  to  the  further 
prosecution  of  the  proposed  work),  was  filed  with  the 
Board  of  Supervisors,  and  all  further  proceedings  in 
this  matter  were  thereupon  ordered  to  be  stopped  by 
said  Board. 

The  next  step  was  taken  by  citizens  and  interested 
property  holders,  by  the  presentation  of  a  petition, 
addressed  to  the  mayor  and  common  council  of  the 
city  of  San  Jose,  April  22,  1873,  urging  the  work  of 
"widening,  straightening,  and  deepening  of  the  chan- 
nel of  the  Guadaloupe  River  within  the  city  limits,  and 
to  take  such  other  action  as  will  secure  the  protection 
of  lands  contiguous  to  said  river  or  stream  from  over- 
flow." In  compliance  with  this  petition  the  mayor 
and  common  council  passed  an  ordinance,  approved 
by  the  mayor,  the  Hon.  A.  Pfister,  August  6,  1872, 
directing  J.  H.  Pieper,  city  engineer,  to  make  a  survey 
of  this  river  and  to  report  the  same  to  the  mayor  and 
common  council,  accompanied  by  a  diagram  map  of 
the  location  of  said  stream  and  the  proposed  alter- 
ations of  its  channel.  This  survey  was  approved 
November  3,  1873;  but,  in  the  absence  of  authority 
on  the  part  of  the  city  government  to  improve  the 
channels  of  the  streams  as  referred  to  above,  nothing 
further  could  be  done  until  after  the  enactment  of  a 
new  city  charter  by  the  State  Legislature  in  1874. 

This  charter  enabled  the  mayor  and  common  coun- 
cil to  levy  an  annual  tax  not  exceeding  ten  cents  on 
the  $100  of  taxable  property,  and  also  authorized  the 
city  to  cause  improvements  to  be  made  on  the  streams 
at  any  place  outside  the  corporate  limits,  whenever, 
in  the  opinion  of  the  mayor  and  common  council,  the 
exigencies  of  the  case  might  require  them.  Under 
this  act  the  improvement  of  the  channels  of  the 
streams  flowing  through  the  city  has  been  gradually 
and  successfully  accomplished,  until,  at  the  present 
time,  very  little  remains  to  be  done. 

The  work  was  commenced  in  May,  1875,  at  which 
time  the  mayor  and  common  council  adopted  a  reso- 



lution  authorizing  the  payment  of  ten  cents  per  cubic 
yard  of  earth  excavated  and  removed  from  the  Guad- 
aloupe  River,  at  such  times  and  places  as  the  mayor 
and  common  council  should  direct. 

This  river  enters  the  city  at  its  western  limits  about 
two  hundred  and  seventy-five  feet  north  of  Willow 
Street,  and  thence  passes  through  the  corporate  limits 
of  the  city  in  a  northwesterly  direction  a  distance  of 
about  fifteen  thousand  and  seventy-five  feet.  It  re- 
ceives two  tributary  streams  within  the  city;  one  of 
these  is  the  Tulares  de  los  Canoas,  which  joins  the 
Guadaloupe  at  a  point  about  two  hundred  and  fifty 
feet  south  of  San  Salvador  Street;  the  other  the 
Los  Gatos  Creek,  forming  its  confluence  with  the 
Guadaloupe  about  five  hundred  and  forty  feet  north 
of  Santa  Clara  Street. 

The  channel  of  the  Guadaloupe  River  was  originally 
very  irregular  in  width,  varying  from  a  minimum  of 
about  twenty-five  feet  in  the  southwestern  part  of  the 
city  to  a  width  of  seventy-five  to  one  hundred  and 
fifteen  feet  in  other  parts.  In  depth  its  channel  varied 
from  five  to  fifteen  feet,  its  course  being  very  erratic, 
turning  abruptly  from  one  side  to  the  other. 

During  freshets  the  river  overflowed  its  banks, 
forming  in  various  places  side  channels  through  ad- 
jacent lands,  washing  out  the  soil,  which  consists  prin- 
cipally of  a  rich  sedimentary  sandy  loam,  to  depths 
varying  from  one  to  six  feet,  and  at  one  time,  after  a 
protracted  rain-stoim,  sweeping  and  destroying  several 
tenement  houses.  The  aggregate  fall  of  the  river 
channel  from  the  point  of  its  entrance  into  the  city 
territory  to  its  lower  exit,  was  found  to  be  forty-two 
feet.  This  fall,  however,  was  irregular  and  varied 
from  one  inch  per  hundred  feet  in  the  central  part  of 
the  city,  to  more  than  one  foot  per  hundred  feet  in 
exceptional  cases  in  the  southern  portion  of  the  chan- 
nel ;  while,  in  its  lowest  part,  from  the  confluence  of 
the  Los  Gatos  Creek  northerly  to  the  northern  city 
limits,  it  had  a  more  uniform  grade  of  three  to  three 
and  one-half  inches  per  one  hundred  feet.  The  bed 
of  the  river  consisted  principally  of  clay,  or  adobe, 
wet,  and  in  many  places  spongy  and  difficult  of  ex- 
cavation. In  the  absence  of  any  definite  data  as  to 
the  maximum  of  flood-waters  to  be  provided  for,  the 
problem  to  be  solved  was  rather  perplexing.  But, 
taking  the  sectional  area  of  the  high  flood-waters  ex- 
perienced during  the  winter  of  1868  as  they  passed 
over  and  across  the  railroad  track,  and  from  Orchard 
Stre  t  along  the  middle  of  Santa  Clara  Street  and 
over  the  Alameda  road  to  Stockton  Avenue,  includ- 
ing the  sectional  areas  of  the  old  channels  of  both  the 

Guadaloupe  and  Los  Gatos  Rivers,  a  cross  section  of 
the  entire  volume  of  flood-waters  was  thus  obtained, 
from  which  conclusions  were  derived  that  a  tolerably 
uniform  channel  of  one  hundred  and  fifteen  to  one 
hundred  and  twenty  feet  in  width  between  the  upper 
bank  line,  and  having  side  slopes  of  one  and  one-half 
to  one  and  an  average  depth  of  about  thirteen  and 
one-half  feet,  would  afford  the  requisite  capacity,  and 
that  these  dimensions  would  be  also  fully  sufficient 
for  the  channel  from  Santa  Clara  Street  southerly  to 
the  junction  with  the  Tulares  de  los  Canoas,  and  up  to 
the  vicinity  of  the  westerly  terminus  of  Grant  Street, 
in  which  section  the  grade  of  the  river  channel,  as 
stated  above,  was  much  less  than  north  of  its  junction 
with  the  Los  Gatos. 

From  Grant  Street  southerly  to  the  western  city 
limits,  the  existing  conditions  as  to  an  increased 
gradient  admitted  of  a  gradual  reduction  of  the  di- 
mensions of  the  proposed  channel  to  a  width  of  about 
eighty-five  feet  at  its  upper  bank  lines,  as  well  as  of  a 
somewhat  lessened  depth. 

With  these  conclusions  arrived  at,  systematic  sur- 
veys for  the  improvement  of  the  channel  of  this  river 
were  then  made  from  time  to  time,  and  from  year  to 
year,  as  the  means  were  at  hand  to  do  the  work ;  the 
new  bank  and  levee  lines  and  grades  were  established, 
and  the  amount  of  the  necessary  excavations  along 
the  river-frontage  of  each  of  the  respective  owners  of 
the  adjacent  lands  determined  by  a  proper  system  of 
cross-section  levels.  Many  of  the  adjacent  property 
owners  gave  the  land  necessary  for  this  improvement, 
and  did  the  work  of  excavation  at  the  statutory  price 
of  ten  cents  per  yard.  Mr.  Martin  Murphy  not  only 
gave  the  land,  but  did  the  work  along  his  line  at  his 
own  expense.  But  nearly  all  the  channel  north  of 
the  bridge,  at  the  crossing  of  the  Southern  Pacific 
Railroad,  had  to  be  improved  under  the  contract  sys- 
tem, and  cost  from  thirteen  to  sixteen  cents  per  yard. 
The  entire  cost  of  the  improvement  was  $30,503.94. 

The  Los  Gatos  enters  the  city  about  two  hundred 
and  fifty  feet  southwest  of  Santa  Clara  Street,  and  after 
a  short  run  in  a  northerly  direction  unites  its  waters 
with  those  of  the  Guadaloupe,  entering  said  river  at 
an  angle  of  about  forty  degrees.  The  former  channel 
of  this  creek  was  confined  almost  throughout  its  en- 
tire length  within  the  city  between  redwood  bulk- 
heads, and  had  a  width  of  thirty  to  thirty-five  feet 
only.  Its  course,  moreover,  was  exceedingly  crooked, 
having  the  form  of  the  letter  S  in  its  meandering; 
it  extended  the  length  of  one  thousand  one  hundred 
feet,  while  a  straight  line  drawn  from  the  point  of  its 



entrance  into  the  city  to  its  junction  with  the  Guada- 
loupe  measured  about  eight  hundred  and  fifty  feet. 
However,  it  formed  in  this  winding  course,  except  in 
a  single  instance,  the  boundary  between  the  lands  of 
different  owners,  holding  opposite  sides  of  the  creei<, 
and  to  this  fact  and  attendant  difficulties  in  adjusting 
these  boundaries,  it  is  to  be  regretted,  must  be  traced 
the  cause  of  the  somewiiat  unsatisfactory  result  of 
the  improvement  of  this  comparatively  short  creek 
channel  as  to  its  proper  alignment. 

Under  the^e  conditions  the  work  of  improving  this 
stream  had  to  be  done  in  a  less  systematic  and  de- 
sirable manner  than  contemplated  at  the  outset ;  yet 
the  channel  has  been  materially  straightened  as  com- 
pared with  its  former  course,  and  its  width  has  been 
increased  to  about  double  what  it  was  formerly,  af- 
fording a  capacity  which  will  prove  amply  sulificient 
to  hold  within  its  banks  flood-waters  of  the  greatest 
freshets  experienced  during  the  last  twenty  years. 
The  channel  of  tiris  stream  has  also  been  widened 
outside  of  the  city  limits  to  a  considerable  extent,  at 
the  expense  of  the  county  of  Santa  Clara.  Its  depth 
within  the  city  limits  is  about  thirteen  and  one-half 
feet,  and  both  banks  have  been  secured  by  a  wooden 
bulk-head,  having  a  batler  of  four  feet  in  this  height, 
and  leaving  a  water-way  of  about  sixty-six  feet,  mean 
width.  A  length  of  one  hundred  and  thirty  .feet  of 
the  new  bulk-head  on  the  easterly  side  of  the  channel, 
at  an  unavoidable  turn  in  its  course  where  the  full 
force  of  the  rapid  current  of  the  stream  strikes  it, 
was  destroyed  some  years  ago  by  flood-waters.  It 
has  since  been  replaced  by  willow  fascine  work,  which, 
at  the  present  time,  forms  a  solid  facing  of  growing 
willows,  not  likely  to  be  injured  hereafter  by  the 
action  of  the  stream.  A  part  of  the  bulk-head  along 
the  easterly  side  of  the  stream  was  built  by  Mr.  John 
Auzerais,  now  deceased,  at  his  own  expense.  The 
entire  cost  of  the  improvement  of  the  Los  Gatos  was 

The  Tulares  De  Los  Canoas  passes  through  the 
northwestern  part  of  the  city,  and  joins  the  Guada- 
loupe  a  short  distance  south  of  Auzerais  Avenue. 
Its  entire  length  within  the  city  limits  is  about  six 
thousand  seven  hundred  feet.  It  is  an  irregular 
channel,  and  varies  in  width  from  ten  to  thirty  feet, 
and  in  depth  from  four  to  seven  feet.  Since  the  im- 
provement of  the  Guadaloupe  River  this  creek  has  not 
overflowed  its  banks,  showing  that  former  overflows, 
especially  in  its  lower  course,  were  due  mainly  to 
"  back-water "  from  the  Guadaloupe  River.  The 
only  locality  upon  which  improvements  were   made 

on  the  channel  of  this  creek,  was  north  and  south 
of  the  Duane  Street  crossing,  where  it  has  been  reg- 
ularly improved  for  a  length  of  about  three  hundred 
and  thirty-four  feet,  by  straightening  its  course  and 
by  excavating  it  to  a  regular  cross  section,  having  a 
mean  width  of  eighteen  feet  by  a  depth  of  seven  and 
one-half  feet. 

Coyote  River  forms  the  eastern  boundary.  It 
has  a  deep,  very  wide  and  irregular  channel  along 
the  city  line,  and  there  is  no  danger  of  overflow 
at  any  place  adjoining  city  territory.  It  has  been 
found  necessary,  however,  to  protect  its  westerly  bank, 
which  reaches  a  height  of  twenty-two  to  twenty-five 
feet,  and  consists  of  a  sandy  loam,  interstratified  with 
sand  and  fine  gravel  from  the  action  of  the  current. 
This  work  was  done  immediately  north  and  south 
of  the  crossing  of  Santa  Clara  Street,  during  the  years 
1875  and  1876,  at  which  time  the  bank  had  to  be 
sustained  by  willow  fascine  facings  and  wing-dams, 
which  have  ever  since  remained  intact,  the  willows 
now  forming  a  dense  living  barrier,  as  it  were,  to 
further  encroachments  of  the  river  at  these  points. 
The  expenditures  incurred  for  this  work  amounted 
in  the  aggregate  to  thi.  sum  of  $2,449.70.  There 
was  also  expended  for  a  somewhat  extensive  break- 
water embankment,  built  about  one-half  mile  south  of 
the  city,  during  the  year  1872,  the  sum  of  $3,866.86, 
this  being  one-half  of  its  cost,  the  other  half  having 
been  paid  by  the  county  of  Santa  Clara.  The  em- 
bankment was  built  to  avert  the  danger  of  overflows 
from  the  river  at  this  locality,  where  its  strong  current 
during  times  of  freshets  made  rapid  progress  in  the 
destruction  of  its  westerly  bank,  which  consists  here 
also  of  a  sedimentary  sandy  loam  and  yields  very 
readily  to  the  undermining  and  abrading  action  of 
flood-waters.  The  total  cost  of  river  improvement  to 
date  has  been  $44,087.41.  The  main  channel  of  the 
Guadaloupe,  below  its  junction  with  the  Los  Gatos, 
has  a  carrying  rapacity  of  sixteen  thousand  cubic  feet 
per  second,  which  is  ample  for  all  purposes. 

The  first  attempt  to  furnish  drainage  for  the  city 
was  made  in  1867,  when  a  wooden  sewer  three  by 
four  feet  in  size  was  built  on  Fourth  Street,  from 
San  Fernando  to  Taylor  Street,  a  distance  of  about 
six  thousand  two  hundred  and  eighty  feet.  It  was 
designed  for  the  purpose  of  surface  and  storm-water 
drainage,  and  to  replace  an  open  ditch  which  then 
existed  on  Fourth  and  other  streets,  and  was  built  at 
the  comparatively  shallow  depths  of  three  to  eight 
feet.  In  1872  temporary  sewers,  consisting  princi- 
pally of  redwood  box    drains,   were  built  in    several 




streets  and  connected  with  the  branches  from  the 
Fourth  Street  sewer. 

This  arrangement  was  of  a  very  temporary  charac- 
ter, and  in  1S70  the  city  engineer,  Mr.  J.  H.  Pieper, 
was  instructed  to  propose  and  submit  a  system  of 
permanent  sewerage  for  the  city.  This  was  done,  and 
the  present  effective  system  was  the  result.  Its  cost 
was  estimated  at  $200,000.  The  city  had  no  money 
at  that  time  available  for  this  purpose,  and  the  work 
was  postponed  from  year  to  year.  On  several  occa- 
sions it  was  proposed  that  the  council  ask  for  author- 
ity to  make  a  loan,  but  the  prevailing  sentiment  was 
against  creating  any  debt.  The  levy  of  a  tax  sufficient 
to  carry  on  the  enterprise  was  as  warmly  opposed  as 
the  proposition  to  issue  bonds.  The  matter  stood 
thus  for  nearly  ten  years.  In  the  meantime  the  city 
had  grown  rapidly,  and  the  question  of  drainage  could 
no  longer  be  postponed.  It  was  resolved  to  begin 
the  work  and  carry  it  along  as  rapidly  as  money  could 
be  obtained  to  pay  for  it. 

In  1880  ground  was  broken  and  the  work  was  con- 
tinued with  more  or  less  vigor,  according  to  the  con- 
dition of  the  sewerage  fund,  until  1887,  when  the 
loan  of  $285,000  was  made,  $150,000  for  the  main 
sewer  and  $135,000  for  branch  sewers.  Up  to  this 
time,  however,  the  sum  of  about  $165,000  had  been 
expended  and  the  system  was  in  fair  working  order. 
The  reason  why  the  cost  has  been  so  much  in  excess 
of  the  original  estimate  is  found  in  the  fact  that  it  is 
intended  to  build  a  covered  sewer  to  the  bay  instead 

of  the  open  ditch  now  used  as  an  outlet,  and  to  extend 
the  .system  over  much  more  territory  than  was  at  first 
intended.  It  may  be  said  that  the  loan  of  $285,000 
was  to  cover  new  work  not  estimated  on,  or  contem- 
plated in  the  original  proposition. 

The  main  sewer  is  on  Fifth  Street,  extending  from 
San  Fernando  Street  to  the  bay,  a  distance  of  nearly 
eight  miles.  From  San  Fernando  to  Taylor  Streets 
it  is  built  of  brick,  thirty-six  by  fifty-four  inches  in 
the  clear,  from  twenty-one  to  thirteen  feet  below  the 
surface.  From  Taylor  Street  to  the  outlet  sewer,  near 
C.  Younger's  line,  a  distance  of  six  thousand  and 
sixty-seven  feet,  it  is  of  brick,  sixty  inches  in  diameter 
and  from  thirteen  to  ten  feet  below  the  surface 
Thence  through  lands  of  Younger,  Maloney,  and  Col- 
lins, a  distance  of  one  thousand  five  hundred  and  five 
feet,  it  is  of  redwood,  and  from  seven  to  three  feet 
below  the  surface.  Thence  to  the  Guadaloupe  River, 
about  a  mile  from  Alviso,  it  is  an  open  ditch.  The 
location  of  the  open  ditch  is  now  being  changed  so  that 
it  will  open  directly  into  the  bay,  and  will  be  covered 
along  its  entire  length. 

The  branch  sewers,  except  on  Taylor  Street,  from 
Fifth  to  Tenth,  and  on  San  Fernando  Street,  from 
Third  to  Eighth  (which  are  of  brick),  are  of  vitrified 
stone  pipe.  They  now  comprise  a  distance  of  over 
thirt)'  miles. 

The  accompanying  map  will  show  the  location, 
size,  and  direction  of  all  the  sewers  constructed  to  the 
present  time. 

*        OF  THE  COUNTY.        fe- 



THE  question  of  a  public  revenue  became  promi- 
nent immediately  upon  the  organization  of  the 
county.  There  were  no  improvements  or  property  to 
start  with.  Everything  had  to  commence  from  the 
begmning.  In  this  respect  the  county  was  in  a  worse 
condition  than  the  city,  which  fell  heir  to  all  the 
property  of  the  old  pueblo,  and  which  enabled  it  to 
not  only  pay  all  debts  but  left  a  very  handsome  sur- 
plus. The  county  had  to  create  everything,  with  no 
material  at  hand  for  the  purpose.  Its  necessary  offi- 
cers were  numerous  and  salaries  were  high.  There 
were  no  public  buildings  and  no  highways,  no  schools, 
and,  comparatively,  a  small  property  valuation  on 
which  to  levy  a  tax.  But  with  all  these  needs  the 
new  government  did  not  propose  to  overburden  the 
people  with  taxation.  The  first  levy  was  twenty-five 
cents  on  the  hundred  dollars,  with  a  poll-tax  of  two 
dollars  and  a  half  The  next  year  the  levy  was  fifty 
cents  on  the  hundred  dollars,  with  twenty-five  cents 
added  for  building  purposes.  The  year  following,  the 
levy  was  reduced  to  thirty  cents,  with  five  cents  for 
buildings,  and  in  1853  it  was  again  raised  to  fifty 
cents  for  general  purposes,  with  twenty-five  cents  for 
buildings  and  five  cents  for  schools.  These  levies 
were  exclusive  of  the  tax  for  State  purposes. 

The  revenue  was  far  short  of  the  requirements  of 
the  county.  Warrants  were  issued  that  went  to  pro- 
test, and  in  1856  a  debt  of  over  $60,000  had  ac- 
cumulated. Then  the  aid  of  the  Legislature  was 
invoked,  and  an  act  was  passed  by  that  body  and 
approved  April  9  of  that  year,  authorizing  the 
county  government  to  issue  bonds  to  the  amount  of 
$67,500,  payable  in  ten  years  and  bearing  twelve  per 
cent  interest.  These  bonds  were  issued  and  given  to 
creditors  in  lieu  of  their  claims,  and  thus  the  entire 
debt  of  the  county  was  funded  up  to  March  i,  1856. 
These  bonds  were  redeemed,  as  required  by  the  act, 
in  1866. 

In    1 86 1    the  county  was  struggling  with  the  rail- 
road problem,  and  the  people  were  willing  to  assume 

almost  any  burden  that  might  insure  the  building  of 
a  road  to  San  Jose.  Several  efforts  had  been  made 
to  secure  private  subscriptions  for  the  purpose  of 
constructing  a  railroad  to  Alviso  to  connect  with  a 
line  of  boats,  but  all  had  been  unsuccessful.  At  this 
time  came  the  San  Francisco  &  San  Jose  Railroad 
Company  with  the  proposition  that,  if  the  county 
would  subscribe  for  $200,000  of  the  stock  of  the 
company  and  issue  bonds  in  payment  of  the  same, 
the  road  would  be  built.  The  proposition  was  popu- 
lar, and  on  April  9,  1861,  a  law  was  enacted  by  the 
Legislature  authorizing  the  county  to  make  the  sub- 
scription and  to  issue  bonds  payable  in  fifteen  years, 
and  bearing  seven  per  cent  interest.  These  bonds 
were  redeemed  as  follows:  The  railroad  stock  was 
sold  (as  related  in  our  chapter  on  railroads),  to 
Messrs.  Donahue,  Newhall,  and  Mayne,  and  the  pro- 
ceeds, $100,000,  applied  to  redemption  of  the  bonds. 
Five  thousand  dollars'  worth  were  redeemed  as  pro- 
vided by  the  act  creating  the  indebtedness.  The  re- 
mainder matured  and  were  redeemed  in  1876  by  new 
bonds  issued  in  that  year.  One  bond  of  a  thousand 
dollars  was  not  presented  for  payment  until  1880, 
having  evidently  been  mislaid  by  the  owner. 

In  1865  the  Western  Pacific  Railroad  Company 
asked  the  county  to  subscribe  for  $150,000  of  its 
capital  stock,  under  the  provisions  of  an  act  of  1863. 
The  people  accepted  the  proposition,  and  bonds  were 
issued  payable  in  twenty  years,  with  interest  at  seven 
per  cent.  Of  these  bonds  $5,000  were  paid,  and  the 
remainder,  $145,000,  refunded  by  the  issue  of  what 
was  called  the  "Redemption  Bonds  of  1885."  These 
were  issued  in  three  series,  to  wit: — 

April  13,  1885— $45,000— 4 >^  per  cent. 

Aug.   19,   1885— $55,000— 4 

Oct.    23,  1885 — $45,000—4 

In  March,  1866,  the  I-egislature  authorized  the 
county  to  issue  bonds  to  the  amount  of  $130,000  for 
the  purpose  of  erecting  county  buildings.  These 
bonds  were  payable  in   fifteen  years,  with  interest  at 



twelve  per  cent,  and  were  known  as  the  "  Court  House 
Bonds;"  $II2,000  of  these  bonds  were  redeemed  in 
1872  with  money  received  from  sale  of  theW.  P.  R.  R. 
stock,  as  noted  in  chapter  on  railroads.  Four  years 
later  the  Legislature  authorized  another  issue  of 
bonds  by  the  county  to  the  amount  of  $80,000,  to 
pay  for  the  construction  of  the  jail.  These  bonds 
were  payable  in  ten  years  and  carried  ten  and  one- 
half  per  cent  interest. 

The  "Court  House  Bonds"  and  the  "Jail  Bonds" 
were  refunded  in  1873  by  the  issuance  of  bonds  to 
the  amount  of  $130,000,  payable  in  twelve  years  and 
bearing  eight  per  cent  interest.  These  new  bonds  were 
called  the  "  Court  House  and  Jail  Bonds."  At  the 
time  they  became  due  there  remained  unpaid  the  sum 
of  $56,000,  which  was  refunded  in  January,  1885. 

In  May,  1876,  bonds  known  as  "Redemption  Bonds 
of  1876"  were  issued.  The  amount  was  $96,000,  with 
seven  per  cent  interest,  and  due  1890.  The  proceeds 
of  the  sale  of  these  bonds  were  used  to  redeem  the 
S.  F.  &  S.  J.  R.  R.  bonds  of  186 1.  Of  these  bonds 
there  is  $48,000  now  outstanding. 

In  April,  1878,  bonds  to  the  amount  of  $31,065.60 
were  issued  for  the  purpose  of  funding  the  debt  due 
the  estate  of  James  Lick,  for  moneys  advanced  for 
the  construction  of  the  Mount  Hamilton  road.  These 
bonds  were  known  as  the  "  Lick  Avenue  Bonds,"  and 
bore  no  interest.  They  were  all  redeemed  in  1888. 
The  new  constitution,  which  went  into  effect  in  1880, 
and  the  laws  enacted  under  it,  permitted  all  counties 
to  fund  any  floating  debt  that  might  be  outstanding 
prior  to  the  first  of  January,  1880.  The  same  laws 
also  provided  that,  after  January  i,  1880,  the  county 
should  incur  no  indebtedness  in  any  fiscal  year  in 
excess  of  the  revenue  of  that  year.  When  this  law 
went  into  effect  there  was  a  floating  debt  of  about 
$95,000,  principally  against  the  several  road  funds, 
which  the  supervisors  did  not  fund.  There  was  some 
misapprehension  as  to  the  full  effect  of  the  law,  and 
while  the  expenses  of  the  county  were  kept  within 
the  limit  of  the  tax  levy  each  year,  the  revenue  was 
used  to  pay  outstanding  warrants  in  the  order  of  their 
issuance.  Thus,  in  1883,  the  warrants  issued  prior  to 
January,  1880,  had  been  paid,  while  an  equal  amount 
of  those  issued  in  1881  and  1882  were  still  outstand- 
ing. As  the  law  was  interpreted  to  mean  that  the 
revenue  of  1883  could  not  be  applied  to  payment  of 
warrants  of  previous  years,  the  Board  was  in  a  quan- 
dary. There  was  a  debt  of  $95,000,  with  no  means 
of  payment  under  the  law.  Many  meetings  were 
held,   and    many    suggestions    made.     It  was  finally 

resolved  to  treat  the  payment  of  the  warrants  issued 
prior  to  1880  as  an  error  of  book-keeping,  and  to 
consider  the  current  debt  as  being  the  debt  existing 
at  that  time.  This  solved  the  difficulty,  and  bonds 
to  that  amount  were  issued,  payable  in  twenty  years, 
with  interest  at  five  per  cent.  Bonds  to  the  amount 
of  $56,000,  payable  in  twenty  years,  and  bearing  six 
per  cent  interest,  were  issued  in  January,  1885,  for 
the  purpose  of  redeeming  the  Court  House  and  Jail 
Bonds  of  1872. 

The  bonded  indebtedness  of  the  county,  therefore, 
at  this  time,  is  as  follows,  after  deducting  the  amount 
of  bonds  redeemed: — 

Bonds  of  1876. . .  .$  48,000. , 

"      1883 77,000. 

"     1885 50,000. 

"      1885 45,000. 

"     1885 100,000. 

.Due,  iSgo 7    percent. 

•  "     1903 5 

.    "     1905 6        " 

•  "    1905  ■■■A'A    '' 

•  "    1905 4 


This  is  practically  the  total  debt  of  the  county  at 
this  time,  the  law  prohibiting  the  creation  of  any  debt 
that  cannot  be  paid  by  the  revenue  of  the  current 

The  following  tables  will  show  the  increase  in  the 
value  of  property  in  the  county  from  its  organization 
Unfortunately  the  records  for  the  first  four  years  have 
been  mislaid,  but  enough  remains  to  show  the  won- 
derful increase  in  wealth,  especially  during  the  past 
six  years : — 




Books  missing 

Books  missing 

T.  S.  Burnett — Books  missing 

J .  H .  Morgan — Books  missing 

.W.Gallimore $  5.355. 

John  Bland 5,122, 

John  Bland 5,449, 

W.  H.  Patton 4.5o4, 

W.  H.  Patton 5,131. 

,W.  R.  Davis — Books  missing 

W.  R.  Davis 5,677, 

D.  IVI.  Harwood 5,oi2: 

,D.  M.  Harwood 6,038, 

D.  M.  Harwood 6,129, 

,D.  M.  Harwood 6,883. 

.W.  O.  Barker 6,955, 

,W.  O.  Barker 8,165, 

.Henry  Phelps 9.3o6, 

.Henry  Phelps 10,674, 

.Henry  Phelps Ii,459. 

,  Henry  Phelps 11,781, 

.T.  M.  Lilly l2,o8S, 

.T.  M.  Lilly 3>.322, 

.T.  M.  Lilly 27,528, 

.T.M.Lilly 3i,7°7, 

.Henry  Phelps 29,362, 

.Henry  Phelps 28,175, 

.Henry  Phelps 27,990, 

.  Henry  Phelps 27,603, 

.  Hiram  Fairfield 24,604, 

.Hiram  Fairfield 25,514 

.Hiram  Fairfield 26,018 

.Hiram  Fairfield 26,018 

.L.  A.  Spitzer  (city  property) 11,983, 

.L.  A.  .Spitzer  (country  property). .    20,554, 

.$1  40 

I  65 
I  90 

2  48 
2  40 
2  33 
2  60 
2  54 
2  47 

I   40 

1    30 
I  65 

I  50 
I  50 
I  50 
I  50 
I  13 
I  45 



Year.        Assessor.  Assessment. 

884.  .L.  A.  Spitzer  (city  property) 12,506,646. 


.L.  A.  Spitzer  (country  property) . .    24, 124,435 • 

885.. L.  A.  Spitzer  (city  property) 13,951,654 95 

885.  .L.  A.  Spitzer  (country  property). .    26,344,537 i  20 

886.  .L.  A.  Spitzer  (city  property) 13,420,716 90 

886.  .L.  A.  Spitzer  (country  property).  .    26,286,071 i   20 

887.. L.  A.  Spitzer  (city  property) 15,510,691 90 

887.  .L.  A.  Spitzer  (country  property). .    28,002,830 i  20 

888.. L.  A.  Spitzer  (city  property) 20,971,544 

888.. L.  A.  Spitzer  (country  property)..    36,313,408 

This  shows  an  increase,  since  1882,  of  %l\,266,6y6, 
or  more  than  a  hundred  per  cent. 

The  property  of  the  county,  consistint,^  of  pubHc 
buildings,  grounds,  etc.,  is  estimated  at  this  time  to 
be  worth  about  half  a  miUion  of  dollars.  Thus  it 
will  be  seen  that  the  county  has  a  very  handsome 
silrplus  over  and  above  its  $320,000  of  indebtedness. 
An  item  showing  the  rapid  growth  of  the  country  is 
this:  In  1887  the  number  of  acres  of  land  assessed 
was  five  hundred  and  eighty-nine  thousand  nine  hun- 
dred and  sixty-five;  in  1888  the  number  was  five 
hundred  and  eighty-eight  thousand  one  hundred  and 
thirty  one.  The  difference,  one  thousand  eight  hun- 
dred and  thirty-four  acres,  was  subdivided  into  lots 
and  blocks,  and  rated  as  city  property. 

The  number  of  fruit  trees  in  the  county,  as  near  as 
can  be  estimated,  is  two  million  three  hundred  and 
fifty  thousand  six  hundred  and  thirty-four.  The 
value  of  the  fruit  crop  was,  in  round  numbers,  two 
million  and  a  half  dollars. 

Acres  ol  grapes io,6i8 

"     strawberries 509 

*'     blaclvberries 127 

"     raspberries 39 

"      wheat 23,721 

"     barley 26,997 

"     corn 215 

"     hay 49,265 

Gallons  of  brandy  manufactured 60,125 

"      wine  "  703.475 

beer  "  1,270,140 

Up  to  the  present  time  the  development  of  the  pe- 
troleum resources  of  Santa  Clara  County,  and,  in  fact, 
of  California,  has  been  entirely  the  work  of  one  man 
— Mr.  Robert  C.  McPherson.  He  was  born  in  Buf- 
falo, New  York,  May  6,  1840,  and  was  reared  and 
educated  there.  His  father,  John  McPherson,  was  a 
Scotchman  and  had  settled  in  Buff"alo  when  it  was  a 
small  village.  His  business  was  that  of  a  beef  and 
pork  packer.  In  1859,  when  the  first  oil  excitement 
occurred  in  Pennsylvania,  Robert,  with  his  brother 
Angus,  went  there  and  operated  until  1873,  when  he 
came  to  California.  At  that  time  there  had  been 
some  desultory  prospecting  in  the  southern  counties, 
particularly  in  what  is  known  as  the  Pico  District. 
Oil  had  been  found  by  shallow  wells  but  no  intelligent 

and  thorough  effort  had  been  made  toward  a  complete 
development.  The  work  had  been  done  principally 
by  the  San  Francisco  Petroleum  Company,  the  di- 
rectors of  which  dil  not  seem  inclined  to  make  ex- 
pensive experiments.  When  Mr.  McPherson  came 
upon  the  ground,  his  experienced  eye  at  once  saw 
that  the  prospecting  had  been  of  a  very  superficial 
character.  Against  the  protests  of  the  company  and 
against  the  remonstrances  of  his  friends,  he  com- 
menced sinking  a  well  with  the  determination  to  reach 
the  reservoir,  which  he  calculated  was  at  a  depth  of 
about  thirteen  hundred  feet.  After  much  expense 
and  many  discouragements  he  struck  the  oil-bearing 
sand  at  a  depth  of  twelve  hundred  and  ninety-five  feet. 
The  oil  flowed  over  the  top  of  the  derrick,  eighty  feet 
high.  This  was  the  first  deep  well  ever  drilled  in  Cal- 
ifornia, and  from  it  sprung  the  oil  interests  of  Southern 
California.  There  was  no  lack  of  capital  for  the  work 
after  Mr.  McPherson  had  shown  the  company  how  to 
employ  it  to  advantage.  He  operated  there  until  1874, 
when  he  sold  the  controlling  interest  to  Charles  N. 
Felton,  and  came  to  Santa  Clara  County,  where  he  had 
leased  land  in  Moody's  Gulch  and  vicinity.  Here  he 
commenced  drilling  in  1878,  and  up  to  the  present 
time,  has  made  ten  wells.  As  a  matter  of  history 
the  operations  at  these  wells  are  important,  not  only 
as  to  what  has  already  been  accomplished,  but  as  a 
starting-point  for  future  work. 

Moody's  Gulch,  which  is  a  branch  of  the  Los  Gatos 
Canon,  at  wells  Nos.  i  and  2  (which  are  about  one 
hundred  feet  apart),  runs  about  north  twenty  degrees 
east.  Altitude  at  this  point,  eleven  hundred  feet. 
At  the  bridge  a  little  above,  fine-grained  sandstones 
and  shales  strike  about  north  sixty  degrees  west,  and 
dip  sixty-five  southwest.  Within  two  hundred  feet 
east  of  this  bridge  and  seventy-five  feet  or  more  above 
the  bed,  and  still  higher  up  the  hill,  is  well  No.  5.  East 
of  this  and  yet  higher  is  well  No.  8.  On  the  opposite 
side  of  the  gulch  and  about  two  hundred  feet  from  it 
is  Logan  No.  I.  Altitude,  about  thirteen  hundred  and 
eighty  feet  above  sea-level.  About  three  hundred 
feet  south,  twenty  degrees  west,  from  Logan  No.  i,  is 
Plyler  No.  i.  All  the  oil  obtained  from  these  wells  is 
a  green  oil,  known  as  parafline  oil,  and  has  a  specific 
gravity  of  forty-four  degrees.  It  is  piped  a  distance 
of  about  a  mile  to  the  mouth  of  the  gulch,  where  it  is 
received  in  a  tank  that  stands  on  a  side  track  of  the 
South  Pacific  Coast  Railway.  The  first  well,  named 
Moody  No.  i,  struck  oil  at  about  eight  hundred  feet. 
Unfortunately  the  detailed  record  of  operations  has 
been  lost,  but  that  of  subsequent  wells  is  complete. 



Moody  No.  2  was  drilled  in  October,  1879.  It 
started  in  slate  with  streaks  of  rotten  sandstone.  At 
three  hundred  feet  better  sand  was  found,  twenty-five 
feet  thick.  Then  came  slate  and  shale  to  the  second 
sand,  twenty  feet  thick,  at  a  depth  of  six  hundred  and 
thirty  feet.  After  this,  sand  very  shelly  with  streaks 
of  shale  and  slate.  The  third  sand  was  struck  at 
seven  hundred  and  sixty  feet.  Here  the  well  began 
to  fill  with  oil.  It  was  drilled  to  eight  hundred  feet, 
where  it  pumped  thirty  barrels  a  day. 

Moody  No.  3  was  a  loss.  It  was  sunk  to  a  depth 
often  hundred  and  eighty  feet,  and  showed  signs  of 
oil  and  gas,  but  caved  in  and  was  lost. 

Moody  No.  4  was  drilled  in  August  and  September, 
1880,  and  was  started  in  shale  and  soft  sand.  At  two 
hundred  and  sixty  feet  struck  first  regular  sand,  thirty 
feet  thick.  Afterwards  streaks  of  slate  and  shale  until 
reaching  second  sand,  forty  feet  thick,  at  a  depth  of 
six  hundred  and  eighty-five  feet.  Then  streaks  of  slate, 
shale,  and  shells.  Struck  gray  sand,  twenty  feet  thick^ 
dark  gray  in  color,  at  a  depth  of  nine  hundred  and 
eighty  feet,  carrying  considerable  oil,  estimated  at  ten 
barrels  per  day.  After  this,  hard  shelly  formation  all 
the  way  until  reaching  third  sand,  at  ten  hundred  and 
forty  feet.  This  sand  is  first-class  oil-bearing  sand, 
carrying  pebbles.  On  sinking  five  feet  into  this  sand, 
the  well  began  to  fill  up  rapidly,  and  in  twenty-four 
hours  there  were  three  hundred  feet  of  oil  in  the  hole. 
At  ten  hundred  and  fifty-five  feet  struck  more  oil, 
which  seemed  to  be  increasing  very  rapidly.  At  ten 
hundred  and  seventy-five  feet,  the  well  made  its  first 
flow.  At  ten  hundred  and  eighty-five  feet  it  flowed 
one  hundred  barrels  per  day,  flowing  nearly  all  the 
time.  From  here  to  ten  hundred  and  ninety-five  feet 
the  sand  grew  finer  and  harder.  Drilled  to  eleven 
hundred  and  three  feet,  still  in  the  same  sand.  Here 
the  well  was  stopped. 

Moody  No.  5  was  started  in  slate.  Struck  first 
sandrock,  twenty  feet  thick,  at  depth  of  four  hundred 
and  sixty-five  feet.  After  this  ran  in  slate  and  shale 
until,  at  a  depth  of  six  hundred  and  thirty  feet,  struck 
second  sand,  ten  feet  thick.  Then  ran  in  shale  to 
nine  hundred  and  thirty  feet,  where  the  third  sand 
was  struck,  fifteen  feet  thick.  The  well  here  made 
two  flows.  This  well  was  pumped  for  a  while,  but  be- 
ing a  small  well  and  yielding  only  about  ten  barrels 
per  day  it  was  determined  to  go  deeper.  They  went 
through  slate  all  the  way  to  one  thousand  four  hun- 
dred and  twenty  feet,  but  there  was  no  change  in  the 
yield.  It  was  then  shut  down  and  pumped  at  seven 
hundred  and  thirty  feet,  yielding  ten  barrels  per  day. 

Moody  No.  6  showed  a  little  oil  at  eleven  hun- 
dred and  twenty  feet.  Went  fourteen  hundred  feet, 
but  the  well  was  never  pumped. 

Moody  No.  7  was  drilled  in  1880.  Started  in 
slate.  First  regular  sand,  twenty  feet  thick,  at  two 
hundred  and  seventy-five  feet.  Then  ran  in  slate  and 
shale  until  striking  second  sand,  fifty  feet  thick  at 
six  hundred  and  twenty-five.  Afterwards  in  slate, 
shale,  and  shells.  At  nine  hundred  and  fifty  feet 
struck  a  stray  sand,  fifteen  feet  thick,  with  a  little  oil. 
After  this,  very  shelly  with  shale  and  streaks  of  slate. 
At  ten  hundred  and  fifty  feet  of  hard  shells  run 
into  twelve  feet  of  slate.  Afterwards  shell  and  sand. 
More  sand,  with  oil  and  gas.  At  ten  hundred  and 
ninety  feet,  better  sand  with  more  oil.  At  eleven 
hundred  feet,  well  began  to  fill  up  with  oil.  At  eleven 
hundred  and  twenty-five  feet,  pumped  thirty  barrels 
per  day.  Afterwards  drilled  to  twelve  hundred  feet 
and  increased  the  yield  to  forty  barrels. 

Logan  No.  i  is  a  twelve-inch  hole,  drilled  in  18S0. 
Started  in  slate  and  sand.  Struck  first  sand  twenty 
feet  thick,  at  two  hundred  and  eighty  feet.  Then 
slate  and  shale  to  second  sand,  thirty  feet  thick,  at  six 
hundred  and  fifty  feet.  Then  slate  and  shells  mixed. 
At  eight  hundred  and  eighty-five  feet,  stray  sand  with 
some  oil  and  gas.  Afterwards  more  shells  with 
streaks  of  sand.  At  nine  hundred  and  fifty  feet, 
more  sand  and  better.  At  nine  hundred  and  eighty 
feet,  well  filling  with  oil  (two  hundred  feet  of  oil  in  the 
hole).  At  ten  hundred  feet,  filled  with  oil.  Put  in 
tubing  and  pumped  fifteen  barrels  per  day.  Drilled 
to  eleven  hundred  feet,  sand  all  the  way,  and  increased 
the  yield  slightly. 

Moody  No.  8  commenced  drilling  March  6,  1887. 
Started  in  rotten  sand  and  shale.  Had  slate  and  sand 
to  five  hundred  and  ninety-five  feet  when  struck  first 
regular  sand,  twenty-three  feet  thick.  At  six  hundred 
and  eighteen  feet  got  first  show  of  gas.  Slate  from 
bottom  of  sand  to  six  hundred  and  forty-five  feet, 
then  shale.  At  seven  hundred  and  fifteen  feet,  shelly. 
At  seven  hundred  and  forty  feet,  second  sand,  gray, 
twenty  feet  thick.  At  eight  hundred  and  thirty  feet, 
shelly,  with  show  of  gas.  At  ten  hundred  and  twenty 
feet,  slate  and  shells  mixed;  a  little  show  of  oil  with  an 
increase  of  gas.  To  ten  hundred  and  eighty-five  feet, 
slate  with  a  little  shale.  At  eleven  hundred  and 
thirty  feet,  slight  show  of  sand.  At  eleven  hundred 
and  eighty,  slate.  At  thirteen  hundred  and  eight  feet, 
shale.  At  fourteen  hundred  and  seventy-three,  slate. 
At  fifteen  hundred  and  fifteen  feet,  very  hard  slate. 
At  fifteen  hundred  and  thirty-five  feet,  slate  and  shells 



mixed.  At  fifteen  hundred  and  sixty-five  feet,  not  so 
shelly  and  more  slate.  At  sixteen  hundred  and  five 
feet,  shale  and  sand  mixed.  At  sixteen  hundred  and 
fifteen  feet,  some  shells  with  an  increase  of  gas,  with 
some  sand.  At  this  point  it  was  concluded  to  dis- 
continue work  temporarily. 

Plyler  No.  I,  seventy-three  feet  of  rotten  rock 
and  then  through  sandstone  to  one  hundred  and 
eighty  feet;  then  two  feet  of  slate;  then  soft  sandstone 
to  two  hundred  and  twenty  feet ;  then  two  feet  of  slate ; 
then  sandstone  to  three  hundred  and  eighty  feet,  the 
last  ten  feet  being  very  hard.  Sand  continues  with 
a  streak  of  coffee-rock  to  four  hundred  and  eighty 
feet;  then  hard  sand  to  five  hundred  feet;  then  gray 
sand  to  five  hundred  and  twenty  feet.  Slate  and  sand 
mixed  to  five  hundred  and  fifty  feet;  then  sand  and 
slate  to  seven  hundred  feet;  then  shale  and  sand  with 
a  little  show  of  gas;  at  seven  hundred  and  fifty  feet,  a 
small  pocket  of  water;  at  seven  hundred  and  fifty-four 
feet,  shale;  at  nine  hundred  feet,  hard,  gray  shells  with 
shale  mi.xed;  at  nine  hundred  and  fifty  feet,  sand  full 
of  yellow  pebbles;  at  ten  hundred  feet,  slate;  at  ten 
hundred  and  thirty  feet,  increase  of  gas;  at  ten  hun- 
dred and  forty  feet,  shale  and  light-colored  sand;  at 
ti;n  hundred  and  sixty  feet,  shells;  at  eleven  hundred 
and  ten  feet,  gray  sand  twenty-six  feet  thick;  at  eleven 
hundred  and    thirty-six  feet,  black  slate,  very  soft;  at 

twelve  hundred  and  four  feet,  dark  shale  with  some 
sand;  at  twelve  hundred  and  sixty  feet,  slate;  twelve 
hundred  and  ninety  feet,  slate  a  little  lighter  in  color; 
thirteen  hundred  and  thirty-five  feet,  shale;  fourteen 
hundred  and  fifty  feet,  slate;  fourteen  hundred  and 
sixty-five  feet,  black  slate;  fourteen  hundred  and 
seventy-five  feet,  black  slate  and  sand;  fourteen  hun- 
dred and  eighty-four  feet,  some  gas,  slate  soft  and 
cavey.     The  well  is  not  yet  finished. 

The  output  from  these  wells  up  to  1886  was  eighty 
thousand  barrels.  At  the  present  time  the  yield  is 
three  hundred  barrels  per  month,  all  of  which  is  taken 
by  the  San  Jose  Gas  Works  at  $3.00  per  barrel.  The 
wells  have  been  pumped  regularly  three  times  a  day 
since  they  were  drilled.  The  machinery  is  run  by  two 
twenty-horse-power  engines,  the  only  fuel  used  being 
natural  gas. 

Mr.  McPherson  says  that  there  is  every  indication 
that  natural  gas  in  large  quantities  can  be  found  in 
many  if  not  all  parts  of  the  Santa  Clara  Valley; 
the  character  of  the  formation  in  the  surrounding 
hills  and  the  dip  of  the  strata  leave  no  doubt  in 
his  mind  that  a  thorough  prospect  will  be  richly  re- 
warded. At  this  time  an  effort  is  being  made  to  in- 
corporate a  company  with  a  capital  stock  sufficient 
to  make  exhaustive  experiments. 

^^(QmigmwmmwmMm  B##i^irm>g 

IN  April,  1854,  a  number  of  the  farmers  and  stock- 
raisers  of  the  county  determined  to  organize  an 
agricultural  society.  A  call  for  a  meeting  was  made, 
and  on  May  6  of  that  year  they  came  together  at  the 
City  Hall.  The  call  had  been  responded  to  with  con- 
siderable enthusiasm,  and  the  agricultural  interests 
were  well  represented.  H.  C.  Melone  was  chosen  to 
preside,  and  H.  Hamilton  was  appointed  secretary. 
The  object  of  the  meeting  was  stated  by  Wm.  M. 
Stafford,  who  was  followed  by  others,  all  favorable  to 
the  proposition  of  establishing  a  county  agricultural 
society.  The  prevailing  sentiment  having  been  thus 
ascertained,  a  committee,  consisting  of  J.  F.  Kennedy, 
Joseph  Aram,  and  O.  P.  Watson,  was  appointed  to 
prepare  a  draft  of  a  constitution,  after  which  the  meet- 
ing adjourned  until  the  twentieth  of  the  same  month. 
The  meeting  assembled  at  the  court-house  at  the 
date  mentioned.  The  constitution  presented  by  the 
committee  was  adopted.  The  following  officers  were 
elected:  L.  H.  Bascom,  President;  J.  F.  Kennedy, 
Vice-President;  E.  P.  Reed,  Recording  Secretary;  W. 
S.  Letcher,  Corresponding  Secretary;  F.  G.  Apple- 
ton,  Treasurer.  Board  of  Managers — J.  B.  Allen,  of 
Gilroy;  Mr.  Frost,  of  Fremont;  James  Houston,  of  Al-;  Joseph  Aram,  Wm.  R.  Bassham,  Dr.  Langhorne, 
and  Samuel  Robinson,  of  San  Jose.  Committee  on 
Agriculture — H.  C.  Melone,  Oliver  Cottle,  Isaac  Bird, 
J.  R.  Weller,  G.  W.  Peck,  O.  P.  Watson,  and  H.  C. 
Skinner.  Committee  on  Horticulture — Joseph  Aram, 
J.  V.  Kenned)',  William  Daniels,  Louis  Prevost,  and 
John  Morse. 

There  is  no  record  of  any  fair  having  been  held 
under  the  auspices  of  this  .society;  but,  owing  to  its 
influence,  the  State  Agricultural  Fair  was  held  in  San  in  1856.  This  fair  was  largely  attended,  Santa 
Clara  County  carrying  off  the  honors.  The  first 
thoroughbred  cattle  brought  to  the  State  were  ex- 
hibited at  this  time  by  Robert  Blaco. 

Prior  to  establishing  the  agricultural  society,  .1  hor- 
ticultural .society  had  been  formed,  and,  after  the  State 
Fair,  an    effort  was  made  to  unite  the  two   interests. 

On  the  thirteenth  of  December,  1856,  a  meeting  was 
called  for  this  purpose.  William  Daniels,  H.  C.  Me- 
lone, and  J.  C.  Cobb  were  appointed  a  committee  to 
prepare  a  constitution.  January  i,  1857,  the  consti- 
tution was  presented  and  adopted,  and  the  society 
formed  under  the  name  of  the  "Santa  Clara  Valley 
Agricultural  and  Horticultural  Society."  On  Feb- 
ruary 7  the  following  officers  were  elected:  President, 
William  Daniels;  Vice-Presidents,  Coleman  Younger 
and  Joseph  Aram;  Secretary,  J.  C.  Cobb;  Treasurer, 
R.  G.  Moody;  Directors,  L.  A.  Gould  and  Louis 
Prevost.  The  old  agricultural  society  met  on  the 
same  day  and  disorganized  by  the  following  resolu- 
tion: "That  the  treasurer  be,  and  i-  hereby,  instructed 
to  pay  to  each  member  of  the  society  the  amount 
subscribed  by  said  member,  provided  he  applies  for 
the  same  before  the  first  day  of  March  next,  and 
whatever  remains  in  the  treasury  after  said  first  day 
of  March,  to  be  paid  to  the  treasurer  of  the  Agri- 
cultural and  Horticultural  Society  of  the  Valley  of 
Santa  Clara,  subject  to  the  disposition  of  the  society 
last  mentioned."  After  adopting  this  resolution  the 
agricultural  society  adjourned  sine  die. 

At  a  meeting  held  July  2,  1857,  it  was  resolved  to 
hold  a  fair  on  the  eighteenth  and  nineteenth  of  Sep- 
tember. A  premium  list  was  arranged  and  the  fair 
held    with   great  success.     A  fair  was   also   held    in 

1858,  but  the  difficulties  attending  these  exhibitions 
made  it  evident  that  they  could  not  be  continued 
under  the  then  system  of  organization.  The  society 
had  no  funds,  but  was  obliged  to  rely  on  voluntary 
contributions  for  its  i^remium  lists.  After  much  dis- 
cussion of  ways  and  means,  it  was  determined  to  in- 
corporate the  society.  Pursuant  to  this  determina- 
tion, the  passage  of  .in  act  was  procured  in   March, 

1859,  incorporating  the  organization  under  the  name 
of  the  "  Santa  Clara  Valley  Agricultural  Society," 
and  from  this  date  runs  the  legitimate  history  of 
the  society.  The  first  officers  under  the  charter 
were:  William  Daniels,  President;  Gary  Peebels  and 
Coleman  Younger,  Vice-Presidents;  C.   B.  Younger, 




Secretary;  R.  G.  Moody,  Treasurer;  Louis  Prevost 
and  H.  H.  Winchell,  Directors. 

One  of  the  greatest  inconveniences  experienced  by 
the  society,  both  before  and  after  its  incorporation^ 
was  the  lack  of  permanent  grounds  on  which  to  hold 
the  annual  exhibitions.  A  committee  had  been  ap- 
pointed, in  1857,  ^°  examine  into  the  propriety  and 
possibility  of  purchasing  the  necessary  grounds.  This 
committee  accomplished  nothing;  neither  did  any  re- 
sult flow  from  the  appointment  of  a  similar  com- 
mittee in  the  following  year.  But  in  1859,  at  the 
meeting  at  which  the  officers  were  elected  under  the 
act  of  incorporation,  a  committee  was  also  appointed 
to  solicit  subscriptions  with  which  to  purchase  fair 
grounds  for  the  society.  This  committee  consisted 
of  Gary  Peebels,  Gol.  Younger,  H.  H.  Winchell, 
H.  G.  Melone,  T.  Bodley,  H.  Shartzer,  and  J.  G. 
Gameron.  Other  members  were  added  to  this  com- 
mittee from  time  to  time.  The  struggles  of  the  so- 
ciety up  to  this  time  are  thus  related  by  Goleman 
Younger,  one  of  the  pioneers  of  the  society,  and  who 
always  shouldered  a  large  portion  of  the  work,  which 
resulted  in  its  success: — 

"In  the  first  place  they  had  had  no  funds,  no  hall, 
no  fair  grounds;  the  Board  would  appoint  their  com- 
mittees to  beg,  and  to  sell  annual  memberships  to 
form  a  basis  for  premiums;  then  they  would  have  to 
cater  for  what  we  now  call  a  hall,  and  for  a  piece  of 
ground  from  some  citizen  for  a  stock  fair  ground; 
and,  between  the  two,  with  other  necessary  expenses, 
they  were  in  luck  if  they  came  out  even.  And  thus 
it  continued  for  years,  until  the  old  committees,  or,  in 
other  words,  the  '  old  war  horses,'  were  ashamed  to 
beg.  Our  first  stock  fair  would  beggar  description; 
but  our  fruits,  grain,  vegetables,  and  flowers,  on  ac- 
count of  the  newness  of  the  country,  excited  more 
interest  then  than  now." 

The  committee  appointed  to  solicit  subscriptions 
for  the  purchase  of  grounds,  met  with  good  success- 
In  two  weeks  they  had  raised  the  sum  of  $14,464.55. 
There  were  one  hundred  and  ninety-nine  original  con- 
tributors, as  follows  :  The  county  of  Santa  Clara  gave 
$500  ;  William  Daniels  gave  $300. 

Those  who  gave  $200  were,  Martin  Murphy,  Sr., 
James  Lick,  Samuel  J.  Hensley,  Josiah  Belden,  Philip 
G.  Vibbard,  W.  M.  Williamson. 

Those  who  gave  $150  were  Adolph  Pfister,  E. 
Auzerais  &  Bro.,  Galvin  Martin,  Thos.  Bodley,  Naglee, 
Peach,  and  Billings. 

James  Murphy  gave  $125,  and  J.  F.  Kennedy  $120. 

Those  who    gave  $100    were  :    Goleman  Younger, 

H.  G.  Melone,  Gary  Peebels,  Wm.  B.  Thomburge, 
Hiram  Shortzer,  Rowley  &  Adams,  A.  S.  Beaty  & 
Bro.,  William  Reynolds,  S.  B.  Emerson,  William  Mc- 
Glay,  H.  H.  Winchell,  G.  W.  Pomeroy  &  Go.,  W.  W. 
McCoy,  E.  W.  Grover,  W.  W.  Hollister,  W.  M.  Lent, 
John  H.  Gameron,  John  Young,  R.  K.  Ham,  Daniel 
Murphy,  and  S.  P.  Goburn. 

Peter  Ouivey  gave  $70. 

Those  who  gave  $50  were  :  G.  Mengarini,  S.  J., 
J.  R.  Lowe,  Sr.,  Isaac  N.  Thompson,  Aus.  M.  Thomp- 
son, Delavan  Hoag,  Henry  Lawrence,  Isaac  Y. 
Brooks,  Antonio  Sunol,  F.  and  J.  Stock,  R  G.  Moody, 
V.  D.  Moody,  Morris  Wise,  S.  O.  Broughton,  E.  J. 
Wilcox,  Adam  Holloway,  L.  Froment  &  Co.,  W.  H. 
Hall,  L.  H.  Bascom,  John  G.  Bray,  Santa  Clara 
Brewery,  B.  S.  Fox  &  Co.,  S.  G.  Young,  J.  R.  Weller, 
Louis  Prevost,  William  Aram,  A.  Lervies,  John  H. 
Moore,  J.  G.  Cobb,  J.  B.  Van  Nest,  Louis  Pellier. 

John  Trimble  gave  $40. 

Those  who  gave  $25  were  :  H.  D.  McCobb,  Morgan 
&  Johnson,  Victor  Speckens,  S.  S.  Johnson,  A.  G 
Erkson,  John  West,  Horace  Hawes,  M.  Jourdan,  D. 
Gerdes,  G  Colombet,  Isaac  Branham,  John  M.  Mur- 
phy, G.  W.  Frazier,  S.  A.  Clark,  P.  H.  Burnett,  G  T. 
Ryland,  J.  P.  Springer,  P.  de  Saisset,  J.  Gerensky, 
John  Balbach,  Williams  &  Winslow,  A.  Delmas,  J.  D. 
Gunn,  Loewe  &  Bro.,  Levy  &  Bro.,  Leddy  &  Statsman, 
Haskell  &  Porter,  Yocco  &  Bro.,  Pearl  &  Reen,  Lilly 
&  Bothwell,  J.  W.  Sims,  William  Matthews,  E.  W. 
Case,  J.  R.  Wilson,  Lawrence  Archer,  F.  G.  Appleton, 
J.  B.  Bontemps,  G.  George  &  Co.,  William  McClay, 
N.  Hays,  John  W.  Hardwick,  G.  Brabaska,  William 
Travis,  Patrick  Fenton,  D.  Williams,  H.  H.  Warbur- 
ton,  James  Scott,  Mark  Hardy,  T.  S.  Bradley,  John 
W.  Leigh,  J.  A.  Ouinby,  Freeman  Gates,  John  John- 

Those  who  gave  $20  were:  Wm.  T.  Wallace,  Will- 
iam S.  Letcher,  Jackson  Lewis,  P.  O.  Minor,  Henry 
Deatsman,  James  Houston,  Madan  &  Fosgate,  F.  C. 
Franck,  J.  N.  Appleton,  Massey  Thomas,  C.  D. 

Those  who  gave  $io  were:  H.  &  E.  A.  Van  Dal- 
sem,  Joseph  Bassler,  and  George  Bego. 

Edward  McGowan  gave  $8.00. 

G.  W.  Lander,  T.  D.  John.son,  J.  H.  Scull,  Matthew 
Mitchell,  B.  Bampard,  James  O'Brien,  S.  B.  Mont- 
gomery, R.  F.  Herrickand  Mr.  Rich  gave  $5.00  each; 
J.  L.  Miller  and  Wesley  Tonnar  gave  $2.00  each,  and 
Juan  Santa  Ana  gave  $1.00. 

In  addition  to  the  above  money  subscriptions  the 
following  donations  of  materials  and  labor  were  made: 


George  H.  Bodfish  three  thousand,  six  hundred  and 
forty-one  feet  of  lumber  at  the  mill,  $91  ;  Green 
Hanna,  hauling  same,  $37;  J.  P.  Henning,  two  thou- 
sand and  seven  hundred  feet  of  lumber  at  the  mill,  $54; 
W.  K.  Bethel,  one  thousand  feet  of  lumber,  $30  ;  G.  B. 
Blanchard,  seven  hundred  feet  of  lumber,  $21 ;  Henry 
Jarboe,  lumber,  $25  ;  F.  A.  Shepard,  lumber,  $1 5  ;  F.  S. 
McGirr,  shingles,  $23;  Martin  McCarthy,  shingles,  $10; 
Jeremiah  Miller,  flag-staff  and  sundries,  $50;  F.  M. 
Fowler,  one  hundred  and  thirty  posts,  $20;  Maffic, 
blacksmithing,$40;  L.  A.  Gould,  pumps,  $75  ;  J.  Bass- 
ler,  pump,  $9;  C.  E.  Campbell,  lead  pipe,  $10;  R. 
Fletcher,  sashes,  $1.50. 

The  present  fair  grounds  were  purchased  in  1859, 
of  General  Naglee,  for  $6,000,  and  the  work  of  im- 
provement commenced.  The  tract  contains  seventy- 
six  acres  and  is  on  the  south  side  of  the  Alameda 
about  a  mile  from  the  city.  The  trees  were  planted 
from  1872  to  1876,  and  the  grand  stand  erected  in 
1878.  This  stand  was  built  with  money  loaned  by 
different  parties  who  are  to  be  repaid  from  the 
moneys  raised  by  sale  of  seats.  When  this  is  accom- 
plished it  will  be  the  property  of  the  society,  and,  we 
understand,  will  be  made  free. 

The  society  has  held  its  fairs,  annually  paid  ex- 
penses, and  is  out  of  debt,  except  for  the  money  bor- 
rowed to  erect  the  grand  stand.  All  the  best  stock 
are  shown  at  these  exhibitions,  and  the  best  horses  on 
the  coast  annually  compete  on  the  track.  Up  to 
1880  the  society  drew  an  annual  appropriation  from 
the  State  of  about  $2,000  with  which  to  pay  premi- 
ums. In  this  year  the  Legislature  passed  an  act  di- 
viding the  State  into  agricultural  districts,  Santa  Clara 
and  San  Mateo  Counties  forming  District  No.  5. 
The  act  also  prescribed  the  method  by  which  District 
agricultural  societies  should  be  formed.  When  this 
law  went  into  effect  it  stopped  all  State  aid  to  the 
county  society.  This  aid  was  absolutely  necessary, 
as  the  proceeds  of  the  fair  would  not  be  sufficient  to 
pay  good  premiums  and  other  necessary  expenses. 

The  society  did  not  want  to  change  its  old  organiza- 
tion to  an  organization  under  the  State  law,  for  fear  it 
might  in  some  way  jeopardize  the  title  to  its  real  estate, 

which  had  then  become  very  valuable.  The  only  way 
out  of  the  difficulty  seemed  to  be  to  organize  a  new 
society  under  the  State  law  and  arrange  with  the  old 
society  for  the  use  of  the  grounds.  This  was  accord- 
ingly done,  and  the  fairs  have  been  held  under  the 
auspices  of  the  San  Mateo  and  Santa  Clara  County 
Agricultural  Association,  until  the  present  year.  The 
new  society  was  formed  from  the  members  of  the 
old  one,  and  now  have  the  same  officers,  with  the  excep- 
tion that  the  Board  of  Directors  is  divided. 

Following  are  the  names  of  the  presidents  and 
secretaries  of  the  Santa  Clara  Valley  Agricultural 
Society  since  its  incorporation  in  1859: — 


1859 William  Daniels C.  B.  Younger 

i860 William  Daniels C.  B.  Younger 

1S61 . . .  .S.  J.    Ilensley William  Daniels 

1862 William  Daniels C.  B.  Younger 

1862....  Gary  Peebels J.   R.  Lowe,  Jr. 

1S63 James  F.  Kennedy J.  R.  Lowe,  Jr. 

1864 James  F.  Kennedy Givens  George 

1865 W.  C.  Wilson Givens  George 

1866.... W.  C.  Wilson Givens  George 

1867.... W.  C.  Wilson Givens  George 

1868 W.  C.  Wilson Tyler  Beach 

1 869.... W.  C.  Wilson Tyler  Beach 

1870 W.  C.  Wilson Tyler  Beach 

1871. .  .  .W.  C.  Wilson Tyler  Beach 

1872. . .  .W.  C.  Wilson Givens  George 

1873....  W.  C.  Wilson D.J.  Porter 

1874 ... .  W.  C.  Wilson   D.  J .  Porter 

1875 W.  C.  Wilson Givens  George 

1876 J.    P.  Sargent D.  J.  Porter 

1877  .  . .  .Gary  Peebels E.  K.  Campbell 

1878. ...W.  C.  Wilson A.  P.  Miirgotten 

1879 N.   B.  Edwards A.  P.  Murgotten 

1880 N.  B.  Edwards W.  M.  Williamson 

18S1 C.  H.  Maddox Givens  George 

1882. . .  .J.  H.  M.  Townsend T.  S.  Montgomery 

1883. . .   J.  H.  M.  Townsend T.  S.  Montgomery 

1884  . .  .].  H.  M.  Townsend T.  S.  Montgomery 

1885 N.  B.  Edwards T.  S.  Montgomery 

18S6....N.  B.  Edwards G.  H.  Bragg 

18S7 N.  B.  Edwards G.  H.  Bragg 

1888.... E.   Topham G.  H.  Bragg 

The  following  are  the  names  of  the  officers  of  the 
District  Society  since  its  organization: — 


1S81 Abram  King T.  S.  Montgomery 

1882 Aliram  King T.  S.  Montgomery 

1883. . .  .Abram  King T.  .S.  Montgomery 

1884. ...W.  T.  Adel J.  Hinman 

1885 J.  R.  Weller   A.  B.  Ellis 

1886. . .  .1.  R,  Weller Geo.  B.  Staniford 

1887. . .  .'I.  R.  Weller W.  C.  Morrow 

18S8 E.   Topham Geo.  H.  Bragg 









THE  adaptability  of  the  climate  and  soil  of  Santa 
Clara  County  for  horticultural  purposes  became 
apparent  long  before  the  first  American  visited  the 
valley.  The  Fathers  who  planted  the  Missions  planted 
orchards  at  the  same  time,  and  found  a  full  return  for 
all  their  labor.  The  fertility  of  the  soil  was  supple- 
mented by  a  peculiarity  of  climate  that  enabled  trees 
to  grow  many  more  weeks  in  the  year  than  in  other 
countries,  while  during  their  season  of  rest  there  was 
no  freezing  weather  to  chill  the  sap  and  delay  their 
progress  in  the  spring.  It  might  be  said  that  trees 
had  a  continuous  growth  throughout  the  year.  The 
result  was  that  a  very  few  seasons  brought  orchards 
to  a  condition  of  fruitfulness.  All  this  was  demon- 
strated by  the  experience  of  the  good  fathers  at  the 
Mission;  but,  even  with  this  experience  before  them, 
our  early  horticulturists  were  astonished  by  the  re- 
sults of  their  efforts.  They  had  been  accustomed  to 
sections  where  certain  fruits  would  flourish  and  others 
fail,  but  here  they  found  that  nothing  would  fail. 
The  peach,  pear,  apricot,  apple,  orange,  and  lemon, 
the  olive  and  the  tender  varieties  of  grapes  from  Italy 
and  Southern  France,  all  flourished.  It  was  neither 
too  cold  nor  too  warm  for  any,  and  the  soil  seemed  to 
contain  elements  suited  to  the  wants  of  each. 

What  were  the  varieties  of  fruits  planted  by  the 
Fathers  at  the  Mission  it  is  not  now  possible  to  ascer- 
tain in  detail.  Vancouver  says  that  he  saw,  on  his 
visit  in  1792,  peaches,  apples,  pears,  apricots,  figs,  and 
vines,  all  of  which,  except  the  latter,  promised  to 
succeed  well.  He  further  says:  "The  failure  of  the 
vine  here,  as  well  as  at  San  Francisco,  is  ascribed  to 
a  want  of  knowledge  in  their  culture,  the  climate  and 
soil  being  well  adapted  to  some  sorts  of  fruits."  The 
failure  of  the  vine,  as  related  by  Vancouver,  might 
have  been,  as  he  said,  the  result  of  ignorance  as  to  its 
culture;  but  if  this  was  so,  the  Fathers  soon  learned 
the  art  of  viticulture,  for  the  old  Mission  vines  are 
historic  for  their  strong  growth  and  abundant  fruitage. 
As  to  their  quality,  so  much  cannot  be  said.  They 

are  now  a  relic  of  the  past,  and  although  many  of  the 
old  inhabitants  contend  that  for  a  table  grape  they 
possess  a  flavor  superior  to  that  of  any  of  the  foreign 
varieties,  the  fact  remains  that  they  have  been  practi- 
cally discarded  for  wine-making,  and  that  the  reputa- 
tion of  California  wines  has  been  built  on  varieties 
other  than  the  Mission.  This  grape,  however  it  may 
be  despised  now,  accomplished  a  great  object.  It 
demonstrated  the  adaptability  of  our  soil  and  climate 
for  the  growth  of  the  vine,  and,  by  giving  confidence 
to  our  early  viticulturists,  induced  them  to  expand 
their  operations. 

The  character  of  the  Mission  fruits,  with  few  ex- 
ceptions, was  about  the  same  as  the  grapes.  The 
olive  bore  a  small  fruit  little  prized  for  table  use  but 
rich  in  oil.  It  required  a  comparatively  long  time  for 
it  to  come  to  profitable  bearing,  but  never  failed  of  a 
large  crop  when  it  reached  that  point.  It  is  even 
now  preferred,  by  many  orchardists,  to  the  finer 
varieties.  The  peaches  and  apricots  were  seedlings, 
and  therefore  of  different  kinds.  At  that  time,  when 
this  was  the  only  fruit  to  be  had,  it  was  all  considered 
good.  The  only  distinction  made  was  that  some  ■ 
varieties  were  better  than  others.  Whether  or  not 
the  apples  and  pears  a  ere  seedlings  we  have  not  been 
able  to  ascertain.  It  is  more  than  likely  they  were, 
as  they  have  been  generally  classed  under  the  com- 
prehensive term,  "  Mission  fruit,"  and  are  different 
from  the  varieties  originated  in  America  or  imported 
from  France  or  Spain. 

This  Mission  orchard  was  the  only  source  of  fruit 
supply  to  the  valley  for  many  years,  and  for  some 
time  after  the  American  occupation  it  held  a  promi- 
nent position.  It  was  claimed  as  part  of  the  public 
domain  when  California  was  ceded  to  the  United 
States,  and  was  taken  possession  of  by  J.  W.  Redmon. 
It  proved  a  bonanza,  the  fruit  selling  at  fifty  cents  per 
pound,  while  the  yield  was  enormous.  Some  of  the 
old  trees  are  yet  vigorous,  although  neglected  for 
years   and   a   prey  to  all  the   pests   that    have   been 



known  to  Santa  Clara  County  orchards.  The  Mis- 
sion orchard  and  the  Mission  vineyard  furnislicd 
stock  for  the  few  orchards  that  were  planted  in  the 
early  years  of  the  American  occupation.  These 
plantings  were  few  at  first,  owing  to  the  gold  excite- 
ment, but  when  the  people  began  to  return  from  the 
mines  and  give  their  attention  to  agriculture,  the 
plantings  became  more  numerous. 

The  scarcity  of  fruit  and  consequent  high  prices 
gave  a  great  stimulus  to  horticulture.  Apples,  im- 
ported into  San  Francisco,  sold  at  retail  for  a  dollar 
apiece,  and  other  fruits  in  proportion.  People  thought 
that  at  half  these  prices  there  would  be  more  money 
in  a  bearing  orchard  than  in  the  richest  gold  mine  yet 
discovered.  This  idea  struck  many  people  at  the 
same  time  and  many  orchards  were  planted,  princi- 
pally apples  and  pears.  They  seem  to  have  over- 
looked the  fact  that  there  were  comparatively  few 
people  in  reach  of  their  orchards  at  that  time,  and 
that  there  were  no  facilities  for  transportation  to  a 
distance;  or,  if  they  did  realize  this  fact,  they  kept  on 
planting  all  the  same  and  trusted  to  luck. 

The  first  orchards  planted  after  the  American  oc- 
cupation, with  the  exception  of  a  few  private  trees, 
were  by  E.  W.  Case,  William  Daniels,  and  Joseph 
Aram.  Case's  orchard  was  of  about  350  trees,  and 
was  on  the  property  fronting  on  the  Alviso  road, 
owned  by  C.  B.  Polhemus.  Aram's  orchard  was  of 
twenty  acres,  and  was  situated  about  where  the 
woolen  mills  now  are.  Daniels'  orchard  was  about 
one  acre,  and  was  in  the  then  northern  part  of  town, 
on  a  tract  lying  between  Julian  and  St.  James  and 
Market  and  First  Streets.  Part  of  the  trees  planted 
by  these  gentlemen  were  furnished  by  a  man  named 
Ganz,  and  were  brought  by  him  from  Cincinnati,  Ohio. 
They  were  principally  apples.  This  was  in  1852.  In 
the  succeeding  year  Case  and  Aram  imported  more 
trees  from  the  nursery  of  Charles  Hovey,  at  Cam- 
bridge, Massachusetts.  Some  of  these  old  trees  are 
still  flourishing  and  bearing  large  crops  of  fruit. 
Among  them  is  an  apricot  tree  on  the  Hobson  place, 
formerly  a  part  of  Captain  Aram's  orchard,  which  is 
now  thirty-four  years  old,  a  vigorous  bearer,  and  a 
living  contradiction  to  the  statement  that  fruit  trees 
in  California  are  short-lived. 

In  the  spring  of  1852,  Commodore  Stockton,  who 
then  owned  the  Potrero  de  Santa  Clara  Rancho,  which 
lies  between  San  Jose  and  Santa  Clara,  imported  from 
Hovey's  Massachusetts  nursery, a  large  number  of  trees 
for  the  purpose  of  establishing  a  nursery.  With  these 
trees  he  also  sent  out  a  professional    botanist   named 

Sheldon,  with  B.S.  Fox  and  Thomas  Egan  as  assistants. 
Sheldon  died  on  the  Isthmus  and  Mr.  Fox  took  charge 
ofthe  enterprise,  Mr.  Egan  assisting.  With  this  party 
came  also  J.  F.  Kennedy  as  salesman  and  commercial 
agent.  The  nursery  was  established  in  April,  1853, 
and  for  some  time  was  the  depot  for  nursery  supplies 
for  this  section.  These  trees  consisted  of  apples, 
peaches,  pears,  plums,  nectarines,  and  apricots.  With 
this  importation  came  also  the  first  strawberries  grown 
in  this  valley. 

In  1854-55  ^  Frenchman  named  Levalle  imported 
fruit  trees  and  planted  them  in  both  nursery  and 
orchard  form,  on  the  property  lying  north  of  Julian 
and  west  of  Market  Street,  now  owned  by  Peter 
O.  Minor.  He  planted  about  two  acres,  but  after- 
wards removed  the  orchard  to  the  west  side  of  the 
Coyote,  on  the  property  now  owned  by  Edward  Mc- 
Laughlin. In  1855-56  he  had  a  very  large  collection 
of  trees  in  his  nursery,  which  he  afterwards  sold  to 
H.  H.  Winchell,  China  Smith,  and  William  Smith,  and 
they  continued  the  nursery  business  for  some  years 
thereafter.  L.  A.  Gould  and  B.  F.  Watkins  planted 
their  orchards  and  nurseries  at  Santa  Clara  about 
this  time.  Mr.  Ballou,  who  was  at  that  time  employed 
in  the  Case  orchard,  says  that  from  the  three  hundred 
trees  planted  then,  mostly  apples,  a  few  specimens 
were  had  in  1855,  and  in  1856  about  eight  hundred 
pounds  were  produced.  Up  to  this  time  the  only 
apples  to  be  had  here  were  the  "Parrons,"  grown  at  the 
Mission,  and  which  were  very  inferior.  The  fruit 
from  the  new  orchards  above  metitioned  was  very  finei 
far  exceeding  anything  the  orchardists  had  seen  in  the 

During  1856  the  State  Horticultural  Society  held 
a  fair  in  San  Jose,  and  from  this  the  reputation  of 
the  Santa  Clara  fruit  spread,  and  people  came  hun- 
dreds of  miles  to  see  it.  Some  of  the  old  pioneers 
believe  to  this  day  that  the  display  of  apples  had  at 
that  fair  was  far  superior  to  any  that  has  been  made 
since.  This  of  course  is  a  mistake.  They  have  be- 
come accustomed  to  the  wonderful  fruit  of  the  Santa 
Clara  Valley,  and  the  novelty  has  worn  off. 

In  1853  a  horticultural  society  was  formed.  The 
meeting  for  organization  was  held  on  the  grounds  of 
Louis  Prevost,  now  known  as  Live  Oak  Park,  under 
a  live-oak  tree.  There  were  present  William  Daniels, 
Louis  Prevost,  Louis  Pellier,  J.  R.  Bontemps,  B.  S. 
Fox,  and  E.  W.  Case.  The  Pioneer  Horticultural 
Society  was  organized,  and  nearly  all  the  old-time 
horticulturists  became  members.  The  names  of  Jo.seph 
Aram,  J.  Q.  A.   Ballou,  R.   G.   Moody,  D.   Devine.  L. 



A.  Gould,  and  John  Llewelling  appear  prominent  on 
the  list  of  early  members.  In  speaking  of  this  organ- 
ization Colonel  Younger  says  that,  "during  the  balance 
of  this  year  and  the  year  1854,  they  met  once  a  month, 
brought  in  their  fruits  and  flowers  for  exhibition, 
to  compare  and  discuss  their  merits,  and  determine 
what  fruits  were  best  adapted  to  the  valley.  This  was 
often  most  interesting  and  instructive.  All  were  in- 
vited to  attend,  and  many  were  enticed  to  these  meet- 
ings to  see  the  development  of  the  fruit-growing  ca- 
pacity of  the  valley.  Many  ladies  attended  and  were 
richly  rewarded;  for,  after  witnessing  tlie  display  of 
fruit  and  flowers,  at  the  conclusion,  these  were  divided 
among  them."  This  Pioneer  Horticultural  Society 
afterwards  united  with  the  Agricultural  Society,  and 
in  a  short  time 'lost  its  identity. 

In  1S56,  as  we  have  stated,  nearly  all  these  earl)' 
orchards  had  commenced  to  bear,  and  the  quality  of 
the  fruit,  and  the  promise  of  extraordinary  production, 
gave  these  pioneer  orchardists  an  idea  of  the  resources 
of  the  climate  and  soil  in  this  direction.  Everything 
they  had  planted  had  prospered  beyond  their  most 
sanguine  expectations,  and  they  wererapidlyapproach- 
ing  the  conviction  that  nothing  could  fail  in  Santa 
Clara  Valley.  Being  in  this  frame  of  mind,  they  were 
ready  to  experiment  in  any  direction.  This  year 
stands  out  prominent  as  the  date  of  the  introduction 
of  the  French  prune  (Petit  Prune  d'Agen)  to  this 
county,  and,  in  fact,  to  this  coast.  This  fruit  has  be- 
come a  standard,  and  will  probably  always  remain  a 
favorite  with  our  orchardists.  The  history  of  its  first 
importation  will  be  interesting.  Louis  Pellier,  a  vine 
and  fruit  grower  of  France,  had  come  to  California  in 
the  winter  of  1848-49.  After  trying  his  fortune  in  the 
mines,  he  came  to  San  Jose  in  1850,  and  purchased 
the  tract  of  land  fronting  on  the  west  side  of  San 
Pedro  Street,  where  the  mills  of  the  Independent  Mill 
and  Lumber  Company  now  stand.  This  tract  was 
formerly  known  as  Pellier's  Gardens;  it  is  now  the 
Pellier  subdivision  of  the  city  of  San  Jose.  Here  he 
planted  a  nursery  and  orchard,  and  cultivated  flowers 
and  plants.  His  brother  Pierre  had  come  out  a  year 
behind,  and  was  assisting  him  in  his  work.  When 
Pierre  came,  he  brought  with  him  cuttings  of  some  of 
the  fine  varieties  of  grapes,  among  which  were  the 
Black  Burgundy,  Chasselas  Fontainebleau,  Made- 
laine,  and  others.  From  that  time  to  1854,  the 
experience  of  fruit-growing  here  had  shown  the  great 
horticultural  possibilities  of  the  country,  and  all  were 
reaching  out  for  new  varieties.  Louis  Pcllii  r  deter- 
mined to  transplant  the  best    fruits  from  his  native 

land  to  his  adopted  county.  In  accordance  with  this 
determination  he  sent  Pierre  back  to  France  in  1854, 
with  instructions  to  go  through  Burgundy  and  other 
parts  of  the  country,  and  secure  cuttings  and  cions  of 
the  best  varieties  of  fruit  grown  in  each.  This  was 
done.  Pierre,  with  another  brother,  John,  who  had  not 
yet  come  to  America,  spent  nearly  two  years  traveling 
through  France,  gathering  their  stock.  They  returned 
to  California,  bringing  with  them  a  large  variety  of 
fruit  cions.  Among  them  were  the  petit  prune,  the 
gros  prune,  with  many  varieties  of  cherries,  and  pears, 
and  plums.  The  petit  prune  was  not  at  first  very 
popular.  The  people  preferred  the  gros  prune  on  ac- 
count of  its  size  and  appearance.  As  the  fruit-growers 
at  that  time  knew  nothing  of  drying  or  canning,  but 
depended  on  selling  their  products  green,  anything 
which  had  an  appearance  of  inferiority  was  at  a  dis- 
count. The  cions  were  brought  from  France  by  the 
Pellier  brothers,  stuck  in  potatoes  and  packed  in  saw- 
dust. Immediately  on  their  arrival  they  were  grafted 
upon  stocks  prepared  for  them,  and  many  lived. 
While,  as  we  have  said,  the  gros  prune  soon  came  into 
great  demand,  the  little  prune  had  no  friends  for  many 
years.  It  was  finally  brought  to  the  attention  c  f  John 
Rock,  who  recognized  its  value  and  soon  popularized 
it.  There  has  been  great  dispute  as  to  whether  the 
French  prune  grown  in  California  is  the  true  French 
prune  of  commerce,  There  can  be  no  doubt  on  this 
point  as  far  as  Santa  Clara  County  is  concerned.  It 
was  brought  from  its  home  in  France  directly  to  San 
Jose,  by  people  who  had  been  familiar  with  it  from 
childhood,  and  there  can  be  no  mistake  as  to  its 
identity.  One  of  the  parties  who  brought  it  is  still 
living,  and  the  box  in  which  the  cions  were  packed  is 
still  in  existence,  with  all  the  marks  yet  legible. 

Mr.  B.  S.  Fox,  who,  as  we  have  stated,  came  out 
in  1852  with  the  nursery  stock  of  Commodore  Stock- 
ton, severed  his  connection  with  the  commodore  the 
next  year,  and  established  a  nursery  of  his  own  on 
the  Milpitas  road.  This  is  now  known  as  the  "Santa 
Clara  Valley  Nurseries  and  Botanical  Gardens."  He 
had  with  him  Thomas  Egan,  and  the  nurseries  were 
first  known  as  B.  S.  Fox's  Nurseries.  At  first  there 
were  one  hundred  and  twenty-six  acres,  and  it  was  the 
largest  tract  devoted  to  this  business  on  the  coast; 
the  acreage  was  still  further  increased  by  the  acquisi- 
tion of  more  land,  until  it  contained  over  two  hundred 
acres.  Mr.  Fox  was  an  Irishman  by  birth,  and  a 
thorough  botanist.  When  he  first  came  to  America 
he  procured  an  engagement  with  Charles  Hovey,  the 
well-known  nurseryman  of  Cambridge,  Massachusetts. 



When  Commodore  Stockton  was  looking  for  a  com- 
petent man  to  take  charge  of  his  California  nursery, 
Mr.  Fox  was  recommended  to  him,  and  was  engaged 
for  the  position.  This  was  a  fortunate  circumstance 
for  Santa  Clara  County.  He  was  not  only  a  pioneer 
fruit  man,  but  a  man  of  great  scientific  knowledge, 
and  an  untiring  student.  To  his  experiments  we  owe 
three  of  the  finest  varieties  of  pears  now  cultivated, 
the  P.  Barry,  the  B.  S.  Fox,  and  the  Colonel  Wilder, 
which  have  been  placed  in  the  front  rank  by  the 
opinions  of  the  leading  pomologists  of  An.erica. 
His  magnificent  orchard  was  developed  from  the 
nursery,  and  was  not  planted  so  much  for  growing 
fruit  for  profit  as  to  test  the  varieties  which  he  was 
offering  for  sale.  To  his  enthusiasm  Santa  Clara 
County  owes  much  of  her  early  horticultural  develop- 
ment. Mr.  Fox  died  in  July,  1881,  at  Council  Bluffs, 
Iowa,  while  on  his  way  to  visit  his  early  home.  His 
nurseries  were  left  to  his  nephew,  R.  D.  Fox,  a  bio- 
graphical sketch  of  whom  appears  in  this  book,  and 
who  has  since  conducted  the  business  with  an  intel- 
ligence that  has  maintained  the  reputation  it  attained 
under  the  administration  of  his  uncle. 

In  1856  Captain  Aram  moved  his  nurseries  from 
town  to  the  place  on  the  Milpitas  road  where  he  now 
lives.  He  had  G.  W.  Tarleton  with  him  for  a  time, 
but  in  a  few  years  the  latter  gentleman  purchased 
the  tract  where  he  now  lives,  and  planted  it  to  orchard. 

In  1854  came  James  R.  Lowe.  This  gentleman 
was  an  Englishman  by  birth,  and  a  professional  bot- 
anist. He  had  been  engaged  in  some  of  the  most 
prominent  landscape  gardening  operations  of  the 
English  nobilit)',  and  had  come  to  America  to  super- 
intend some  work  for  New  England  nurserymen.  He 
came  to  California  at  the  request  of  Samuel  J.  Hens- 
ley.  He  laid  out  the  famous  Hensley  grounds,  which, 
up  to  the  time  they  were  subdivided  into  city  lots, 
contained  more  rare  plants  than  any  similar  area  in 
California.  Mr.  Lowe  was  in  constant  communica- 
tion with  the  superintendent  of  the  gardens  of  the 
Duke  of  Devonshire,  who  was  an  old-time  friend,  and 
hardly  a  mail  was  received  at  the  post-office  in  San 
Jose  that  did  not  contain  some  rare  plant,  bulb,  or 
cutting,  from  the  Duke's  gardens.  These  were  propa- 
gated with  care,  and  from  this  beginning  sprang  many 
of  San  Jose's  most  beautiful  gardens. 

Mr.  J.  Q.  A.  Ballou,  who  was  with  Mr,  Case  in  his 
early  nursery  operations,  went  into  the  fruit  business 
on  his  own  account  in  1856.  At  that  time  he  pur- 
chased the  place  on  the  Milpitas  road  now  occupied 
by  him  as  a  homestead,  and   in  February  of  1857  he 

planted  about  five  hundred  trees,  principally  apples 
and  pears.  In  1858  he  planted  fifteen  hundred  trees 
additional.  In  1861  he  procured  from  Louis  Pellier 
grafts  for  fifty  French  prune  trees.  From  these  grafts 
he  made  his  first  prunes  in  1867.  At  that  time  they 
were  not  popular,  and  only  small  quantities  could  be 
sold.  Pitted  plums  had  the  call  in  the  market  for 
several  years.  About  the  same  time  his  plums  came 
in  and  these  sold  readily  at  twenty-five  cents  per 
pound,  green.  They  were  of  new  varieties  not  before 
produced  here,  such  as  the  Columbia,  General  Hand, 
Quackenbos,  etc.  In  1868  Mr.  Ballou  made  eleven 
tons  of  dried  fruit  and  shipped  it  to  New  York  via 
Cape  Horn.  It  arrived  in  good  order  in  1869,  and 
was  sold  so  as  to  net  him  from  eighteen  to  twenty 
cents  per  pound. 

At  this  time  the  fruit  interests  of  Santa  Clara 
County  received  a  heavy  blow.  As  we  have  said,  the 
plantings  heretofore  had  been  principally  of  apples 
and  pears.  In  1868  the  yield  from  these  orchards 
more  than  glutted  the  market.  There  was  no  sale 
for  a  large  portion  of  the  product,  and  it  could  hardly 
be  given  away.  Part  of  it  was  sent  to  San  Francisco, 
but  the  proceeds,  except  in  some  cases,  hardly  paid 
the  large  cost  of  transportation.  Wagon  loads  were 
carted  off  to  the  mines,  but  with  all  this,  tons  of 
choice  fruit  rotted  under  the  trees.  This  experience 
disgusted  many  orchardists  and  they  neglected  their 
trees  or  dug  them  out  of  the  ground.  They  seemed 
to  have  no  idea  of  drying  their  fruit,  or  that  the  over- 
land railroad  would,  in  time,  give  them  an  Eastern 
market.  The  influence  of  this  experience  was  long 
felt  in  the  county.  People  generally  lost  confidence 
in  the  fruit  business,  and  even  now  persons  can  be 
found  who  shake  their  heads  when  they  contemplate 
the  extensive  orchards,  and  cite  the  seasons  of  1867-68 
as  proof  of  coming  disaster. 

The  plantings  in  the  celebrated  Willow  Glen  Dis- 
trict were  commenced  as  early  as  1858,  when  W.  C. 
Geiger  set  out  a  portion  of  his  cherry  orchard  on  what 
is  now  Willow  Street.  In  1862  C.  T.  Settle  planted 
an  orchard  of  apples  and  pears  on  what  is  now  the 
northeast  corner  of  Lincoln  and  Minnesota  Avenues. 
At  that  time  this  district  was  covered  by  a  dense 
growth  of  willows,  and  the  lower  portion  was  subject 
to  overflow  from  the  Guadaloupe.  The  only  road  was 
the  El  Abra,  since  called  Lincoln  Avenue,  and  the 
main  central  portion  of  the  district  was  owned  by 
Settle,  Cottle,  and  Zarilla  Valencia.  Settle  was  .soon 
after  followed  by  Royal  and  Ira  Cottle,  who  also 
planted  apples    and    pears.     Soon    afterwards    Miles 



Hills  and  a  Mr.  Sampson  purchased  the  Zarilla  tract, 
as  it  was  called,  and  subdivided  it  into  ten-acre  lots. 
They  planted  cherries,  peaches,  apricots,  etc.,  and  from 
their  subdivision  started  the  real  fruit  interest  in  this 
section.  The  first  experiment  was  on  strawberries, 
the  first  vines  being  planted  by  Downs  and  Arne,  on 
the  tract  now  owned  by  Gribner.  Their  venture  was 
so  profitable  that  it  created  quite  an  excitement  and 
nearly  everybody  in  the  Willows  planted  strawberries. 
At  that  time  there  were  artesian  wells  in  this  district. 
They  did  not  flow,  but  the  water  raised  so  near  the 
surface  that  it  could  be  easily  pumped  for  irrigating 
purposes.  This  industry  flourished  for  some  years, 
and  then  came  into  competition  with  the  strawberry 
growers  in  the  lowlands  near  the  bay.  Here  the 
artesian  wells  gave  a  great  flow,  and  the  Willow  peo- 
ple could  not  pump  water  and  compete  with  their 
neighbors.  They  converted  their  berry  patches  into 
orchards;  but,  with  the  experience  of  the  apple  and 
pear-growers  fresh  in  their  minds,  they  avoided  these 
varieties  and  planted  stone  fruits  almost  exclusively. 
After  the  railroad  was  built  and  the  market  extended, 
they  resumed  the  planting  of  apples  and  pears,  but 
discontinued  it  after  the  codlin  moth  made  its  ap- 
pearance. This  insect  being  now  likely  to  be  got  un- 
der control,  we  can  see  signs  of  the  revival  of  the  apple 
and  pear  industry. 

One  of  the  earliest  orchards  of  the  county  was  that 
of  D.  C.  Vestal,  on  the  Milpitas  road,  which  was  be- 
gun in  1854,  and  was  principally  apples  and  pears. 
This  orchard  is  prominent  as  being  the  place  where 
the  Moorpark  apricot  was  first  propagated  for  market. 
Geo.  Hobson,  who  had  an  orchard  and  nursery  on  the 
ground  now  occupied  by  L.  F.  Sanderson,  had  two  of 
these  trees,  but  held  them  in  little  estimation  on  ac- 
count of  their  irregularity  in  ripening.  From  these 
trees  Mr.  Vestal  procured  buds  and  worked  them  into 
a  few  trees  on  his  place.  When  the  fruit  came,  he 
was  so  pleased  with  its  size  and  flavor  that,  in  1869,  he 
planted  three  acres.  Mr.  Vestal's  experiments  at- 
tracted attention,  and  the  Moorpark  came  into  uni- 
versal favor.  Mr.  Vestal  says  that  as  this  tree  increases 
in  age  it  produces  regular  crops  and  ripens  its  fruit 
evenly.  As  proof  of  this  statement  he  cites  one  of 
the  original  trees  now  on  his  place,  which  is  thirty- 
four  years  old  and  has  failed  in  its  crop  onl)'  three 
times  since  it  came  int'j  bearing.  Many  seasons  he 
has  got  $12  worth  of  fruit  from  it.  In  1857  Mr. 
Vestal  received  a  sack  of  walnuts  from  a  friend  in 
Chili.  From  these  he  has  grown  three  trees,  from 
which  he    harvests  annually  about  $75  worth  of  nuts. 

These  trees  have   attained  great    size   and  are    very 
beautiful  as  well  as  very  valuable. 

As  the  orchards  of  the  valley  increased  in  number 
and  in  bearing  capacity,  the  fruit-growers  began  to 
fear  that  perhaps  there  might  come  a  repetition  of  the 
experience  of  1868,  and  the  crops  be  wasted.  Al- 
though the  new  orchards  were  of  fruits  suitable  for 
canning  and  drying,  no  one  had  attempted  thus  to 
preserve  them  for  market,  and  it  seemed  likely  that 
when  the  supply  exceeded  the  local  demand,  the  busi- 
ness of  fruit-growing  would  become  unprofitable. 
Just  before  this  contingency  arrived,  however,  the 
danger  was  averted  by  the  enterprise  of  a  gentleman 
not  theretofore  identified  with  the  fruit  interests. 

Dr.  James  M.  Dawson,  the  pioneer  fruit-packer 
in  the  Santa  Clara  Valley,  put  up  the  first  canned 
fruit  for  the  market,  in  1871.  From  observation  of 
the  superior  quality  of  the  fruits  then  grown  in  the 
valley,  Dr.  Dawson  foresaw  the  marvelous  possibilities 
of  its  climate  and  soils  for  fruit  production  as  a  factor 
of  commerce  on  the  Pacific  Coast;  and  he  also  real- 
ized that,  for  the  fruit  industry  to  attain  any  con- 
siderable importance,  it  was  a  prime  necessity  that 
means  should  be  provided  to  prepare  and  preserve 
the  fruits  for  commerce  in  the  immediate  vicinity  of 
where  they  were  grown.  Acting  upon  these  con- 
victions, and  stimulated  by  the  wise  counsel  and 
hearty  co-operation  of  his  wife,  Mr.  Dawson  resolved 
to  make  the  experiment  of  starting  a  fruit  cannery 
in  this  valley.  An  ordinary  cooking  range  was  pur- 
chased and  placed  in  a  12x16  shed  kitchen  in  the 
rear  of  their  residence,  on  the  Alameda;  and  on  this 
the  fruits  were  all  heated  before  being  placed  in  the 
cans.  The  fruits  were  obtained  by  Mr.  and  Mrs. 
Dawson  driving  about  the  neighborhood  and  pur- 
chasing them  in  small  lots,  and  paying  five  to  eight 
cents  per  pound  for  them.  The  season's  pack,  con- 
sisting of  three  hundred  and  fifty  cases  of  fruits  and 
tomatoes,  was  made  in  this  modest  manner.  Dr. 
Dawson  thought  to  demonstrate  to  Eastern  people 
the  superiority  of  California  fruits  to  those  of  their 
own  States;  and  in  this  respect  the  fine  appearance 
and  excellent  flavor  of  his  experimental  effort  proved 
entirely  satisfactory.  The  next  year  the  base  of 
operations  was  changed  to  San  Jose,  the  cannery 
being  located  on  Sixteenth  and  Julian  Streets,  in  an 
orchard,  and  a  partnership  formed  with  W.  S.  Stevens, 
a  brother-in-law.  The  pack  that  season  was  double 
that  of  the  first. 

The  third  year,  1873,  another  addition  was  made 
to  the  firm,  including  Lendrum,  Burns  &  Co.,  grocers, 




77t^  ^- 



the  firm  name  beings  J.  M.  Dawson  &  Co.  A  large 
building  was  erected  on  the  corner  of  Fifth  and  Julian 
Streets,  in  which  the  pack  of  that  season  was  made, 
which  reached  eight  thousand  cases.  A  year  or  two 
later  the  business  was  incorporated  under  the  title  of 
San  Jose  Fruit  Packing  Co.,  Dr.  Dawson  being  made 
president.  The  plant  was  enlarged,  and  the  pack 
increased  to  twenty-five  thousand  cases  a  year.  The 
business  continued  in  this  way  till  1878,  when,  the 
cares  and  responsibilities  proving  too  great  for  his 
failing  health,  Dr.  Dawson  disposed  of  his  interest 
and  retired.  The  trade  had  extended  beyond  the 
limits  of  California  and  across  the  mountains  to  the 
Eastern  cities. 

In  1879  Dr.  Dawson  returned  to  his  place  on  the 
Alameda,  and  resumed  the  business  in  a  moderate 
way,  in  a  building  erected  for  the  purpose  in  the  rear 
of  their  residence,  under  his  individual  name,  J.  M. 
Dawson.  The  following  year  he  took  in  his  son, 
E.  L.  Dawson,  as  an  equal  partner,  the  firm  title 
becoming  "The  J.  PlI.  Dawson  Packing  Company." 
The  plant  was  enlarged  from  year  to  year,  the  front- 
age changed  to  Myrtle  Street,  and  the  pack  corre- 
spondingly increased. 

In  1883  Dr.  Dawson  retired,  placing  the  active 
management  in  the  hands  of  his  son,  the  junior 
partner,  who  has  conducted  the  business  ever  since. 
The  old  gentleman's  health  steadily  declined,  and  he 
passed  away  in  March,  1885.  His  interest  in  the 
business  passed  into  the  hands  of  the  widow,  who  is 
still  a  joint  owner  with  her  son,  under  whose  enter- 
prising management  it  has  prospered  and  grown. 
The  pack  and  sale  of  canned  goods  by  the  firm  in 
1887  was  over  one  hundred  and  forty  thousand  cases, 
giving  employment  during  the  busy  season  to  from 
three  hundred  to  five  hundred  hands.  The  aim  of 
the  Dawson  Packing  Company  has  always  been  for 
the  highest  standard  of  excellence  in  the  quality  of 
their  goods,  and  no  brand  of  canned  fruits  ranks  higher. 
Great  strides  of  improvement  have  been  made  in  the 
methods  of  fruit-packing  during  the  past  few  years> 
as  the  result  of  much  study  and  experimenting.  The 
fruit  is  cooked  by  steam,  after  being  put  into  the  cans 
cold,  and,  wherever  possible,  machinery  has  taken  the 
place  of  hand  labor,  and  the  process  expedited  and 
cheapened  many  fold,  while  the  quality  of  the  goods 
has  been  improved.  This  personal  thought  and  study 
have  developed  methods  somewhat  independent  of 
each  other,  which  are,  in  a  measure,  the  private  and 
secret  property  of  their  respective  discoverers;  there- 

fore the  fruit  is  handled  in  each  establishment  in  a 
manner  peculiarly  its  own. 

James  M.  Dawson  was  a  native  of  Maryland,  born 
in  1809.  Came  to  Ohio  a  young  man,  where  he 
studied  and  practiced  medicine  a  few  \  ears.  He 
removed  to  Iowa  in  185 1,  and  from  there  came  to 
California,  in  1870.  While  in  Iowa  he  married  Eloise 
Jones.  The  widow,  two  sons,  and  a  daughter,  survive 
him.  Mrs.  Dawson  and  the  daughter  reside  in  the 
pleasant  homestead  on  the  Alameda.  E.  L.  Dawson 
was  born  in  1859,  and  was  educated  in  the  University 
of  the  Pacific.  After  leaving  college  he  started  in  as 
an  apprentice  in  the  canning  business,  learning  the 
details  of  every  department,  and  thus  is  complete 
master  of  the  situation. 

The  history  of  the  Golden  Gate  Packing  Com- 
pany is  related  in  the  following  biographical  sketch  : — 

George  M.  Bowman,  vice-president  of  the  Garden 
City  National  Bank  of  San  Jose,  is  also  superintend- 
ent and  seen  tary  of  the  Golden  Gate  Packing  Com- 
pany, and  has  had  charge  of  the  extensive  busi- 
ness of  this  company  in  his  present  capacity  for 
eleven  years,  during  which  time  it  has  grown  to 
be  one  of  the  largest  fruit-packing  establishments 
on  the  Pacific  Coast.  The  company  was  incorpo- 
rated in  1877,  some  of  the  members  composing 
it  having  started  the  fruit-canning  business  in  a 
small  way  on  the  site  of  the  present  works,  Third 
and  Fourth  Streets,  between  Julian  and  Hensley 
Avenue,  two  years  previously.  The  company  in- 
creased the  facility  for  the  business  by  erecting  new 
buildings  and  other  improvements  the  first  year 
after  its  incorporation.  In  1881  the  entire  plant  was 
destroyed  by  fire.  New  and  larger  buildings  im- 
mediately succeeded  the  old  ones,  which  were  fitted 
up  with  the  best  and  most  approved  machinery,  con- 
stituting a  plant  worth  $50,000.  They  manufacture 
most  of  the  cans  used,  and  their  pack,  which 
averages  one  million,  nine  hundred  and  twenty-five 
thousand  cans,  includes  vegetables  and  all  the  varie- 
ties of  fruits  grown  in  the  Santa  Clara  Valley.  Dur- 
ing the  busy  season,  from  four  hundred  to  four 
hundred  and  fifty  hands  are  employed.  The  con- 
stant aim  of  the  management  has  been  to  attain 
the  highest  standard  of  excellence  for  their  goods, 
and  the  "  Golden  Gate "  brand  is  recognized  by 
dealers  and  consumers,  wherever  introduced,  as 
having  no  superior.  The  principal  market  for  their 
product  is  the  New  England  States,  though  their 
goods  are  shipped  to  all  parts  of  the  United  States, 
and  to  Canada,  England,  India,  and  Australia.     Their 



fruits  are  carefully  selected,  put  up  in  heavy  syrup 
made  from  the  best  white  sugar,  and  are  held  in  such 
high  esteem  that  they  have  had  an  extensive  sale  in 
Boston,  New  York,  and  Philadelphia.  Messrs.  Cross 
&  Blackwell,  of  London,  England  (the  celebrated 
pickle  firm),  proposed  to  become  the  sole  agents  for 
Great  Britain  for  the  "  Golden  Gate  "  apricots,  and 
to  handle  no  others.  Mr.  Bowman,  to  whose  careful 
and  able  management  the  present  enviable  reputation 
and  success  of  this  company  is  largely  due,  is  a  native 
of  Iowa,  born  in  Dubuque  forty-four  years  ago ;  was 
educated  at  Cornell  College,  Mount  Vernon,  Iowa, 
and  came  to  California  in  1866.  Previous  to  engaging 
in  the  canning  business  he  was  employed  ten  years  by 
the  Wells,  Fargo  Express  Company.  He  married 
Miss  A.  C.  Coldren,  at  Boone,  Iowa,  in  1866,  who  was 
educated  at  the  same  institution  as  himself  The 
family  consists  of  two  sons  and  one  daughter,  and 
their  home  is  one  of  the  handsomest  in  the  Garden 

The  Los  Gatos  Fruit  Packing  Company  was  organ- 
ized in  1S82,  with  a  capital  stock  of  $10,000,  which 
has  since  been  increased  to  $25,000.  It  has  only  four- 
teen stockholders,  and  there  is  no  stock  to  be  bought. 
Its  officers  are  Samuel Templeton,  President;  James E. 
Gordon,  Secretary;  J.  W.  Lyndon,  Treasurer;  Robert 
Walker  and  Michael  Miller,  Directors.  The  institution 
commenced  work  in  a  building  60x80  feet,  with  ma- 
chinery giving  them  a  capacity  of  five  thousand  cases 
for  the  season.  The  product  of  this  factory  was  sent 
to  England,  where  it  immediately  attracted  attention, 
and  contracts  were  made  with  Liverpool  dealers  for 
the  entire  pack  for  the  two  following  years.  The 
favor  with  which  their  goods  were  met  in  the  market 
necessitated  enlarged  facilities;  new  buildings  were 
erected  and  new  and  improved  machinery  and  ap- 
paratus were  procured.  Their  plant  has  been  steadily 
increased  to  meet  the  demands  of  the  trade,  until 
they  now  employ  two  hundred  and  fifty  hands  and 
require  a  sixty-horse-power  boiler  to  do  their  cook- 
ing. The  pack  of  1887  was  eight  hundred  and  forty 
thousand  cans,  and  will  be  much  more  this  season. 

We  have  run  ahead  of  our  chronology  in  order  to 
give  the  foregoing  statements  in  regard  to  the  growth 
of  the  fruit-packing  industry.  The  canneries,  when 
established,  seemed  able  to  take  care  of  all  the  fruit 
suitable  for  that  method  of  packing.  But  there  were 
varieties  which  the  canners  could  not  utilize  to  ad- 
vantage in  this  manner.  Notably  among  these  were 
prunes  and  apples,  and   some  varieties  of  plums.     In 

July,  1874,  a  company  was  formed  called  the  "Aldeii 
Fruit  and  Vegetable  Preserving  Company."  The  pro- 
jectors were  W.  H.  Leeman,  F.  C.  Leeman,  C.  T, 
Settle,  Ira  Cottle,  M.  R.  Brown,  Royal  Cottle,  Oliver 
Cottle,  S.  Newhall,  W.  W.  Cozzens,  R.  C.  Swan, 
K.  D.  Berre,  A.  D.  Colton,  Miles  Hills,  J.  M.  Batter, 
T.  B.  Keesling,  M.  Hale,  and  Pedro  de  Saisset.  They 
purchased  an  Alden  evaporator  and  placed  it  at  the 
corner  of  San  Salvador  Street  extension  and  Josefa 
Street.  The  machine  was  of  no  great  capacity  and 
did  not  work  satisfactorily,  but  it  turned  out  some 
good  fruit,  and  in  1876  the  company  made  a  shipment 
of  about  fifteen  tons  of  dried  apricots.  The  returns 
from  this  shipment  were  so  large  that  it  satisfied  the 
people  that  there  was  a  great  future  for  fruit-growing 
in  this  county.  They  knew  that  methods  could  and 
would  be  devised  for  putting  their  product  into  an 
imperishable  shape  for  transportation,  and  they  started 
in  with  vigor  to  plant  their  orchards.  At  this  time 
the  Willows  was  the  principal  orchard  section  of  the 
county.  The  older  orchards  of  Ballan  Tarleton,  Aram 
Vestal,  and  others  that  we  have  mentioned,  were  north 
of  San  Jose,  and  David  Hobson  had  an  orchard  to- 
ward Berryessa.  The  orchards  of  Gould  and  Wat- 
kins  were  at  Santa  Clara,  and  there  were  others  in 
other  places,  but  the  Willows  was  nearly  all  planted 
to  fruit,  and  it  came  to  be  believed  by  some  that  this 
was  the  only  section  in  the  county  where  this  industry 
could  be  successfully  prosecuted.  There  is  a  record 
of  one  man  who  owned  a  fine  place  near  Berryessa, 
and  bought  a  tract  of  ground  in  the  Willows  in  order 
to  have  an  orchard.  That  same  Berryessa  farm  is 
now  one  of  the  most  promising  orchards  in  the  country. 
In  1856  Lyman  J.  Burrell  planted  an  orchard  and 
vineyard  in  the  mountains  near  the  Santa  Cruz  line. 
The  trees  and  vines  did  well;  some  of  the  old  peach 
trees  that  were  planted  at  that  time  are  still  alive  and 
are  bearing  full  crops.  This  was  the  first  planting  in 
the  mountains,  or,  in  fact,  outside  the  little  circle 
around  San  Jose  and  Santa  Clara,  as  we  have  before 
related,  with  the  exception  of  an  orchard  planted  by 
Benj.  Casey  in  1855  or  1S56,  on  the  Los  Gatos  road 
near  where  the  Cambrian  school-house  now  stands. 
In  1873  the  almond  orchard  now  nearly  covered  by 
the  town  of  Los  Gatos  was  planted,  and  in  1874  the 
large  orchard  on  the  Los  Gatos  road  now  owned  by 
Mrs.  Gardner  was  set  out,  and  also  the  almonds  on 
the  Kennedy  place.  Mr.  J.  F.  Kennedy,  whose  bio- 
graphical sketch  appears  on  another  page,  came  to 
California  in  1852  as  salesman  for  the  nursery  of 
Commodore    Stockton.       In    i860   he    moved    upon 



what  is  now  known  as  the  Kennedy  ranch,  near  Los 
Gates,  where  he  planted  a  small  orchard  for  family  use. 
There  were  some  few  small  orchards  in  the  Santa 
Cruz  Mountains,  chiefly  of  apples  and  pears,  as  early 
as  1874,  but  this  region,  with  the  foot-hills  on  this  side, 
took  no  rank  as  a  fruit  country  until  about  1880.  In 
1S76  W.  D.  Pollard  planted  twenty  acres*  two  miles 
north  of  Saratoga,  and  the  next  year  the  planting  of 
the  famous  O'Baniar  &  Kent  Orchard  (now  owned  by 
James  E.  Gordon)  was  commenced.  William  Rice 
also  planted  an  orchard  in  the  same  neighborhood. 
These  men  were  looked  upon  as  possessed  of  a  sort 
of  lunacy.  It  was  first  predicted  that  the  trees  would 
not  grow  in  such  dry,  thin  soil.  When  the  trees  did 
grow  it  was  prophesied  that  they  would  never  have 
vigor  enough  to  bear  a  paying  crop.  At  six  years 
old  the  trees  yielded  about  $500  per  acre,  and  then  the 
prediction  was  that  they  would  die  out  in  a  few  years. 
But  as  time  passed  and  the  trees  did  not  die,  but  con- 
tinued to  bear  good  crops,  the  people  accepted  the 
revelation  and  commenced  to  plant  for  themselves. 
Land  which  had  before  been  held  at  $30  per  acre 
jumped  to  $100,  and  is  still  increasing  in  value.  Land 
on  the  brushy  hill-sides,  considered  worth  about  $10 
an  acre,  has  been  cleared  and  planted  and  now  is 
covered  with  profitable  orchards  and  vineyards.  At 
the  present  time  there  is  scarcely  a  ten-acre  tract 
along  the  foot-hills  from  Los  Gatos  north  that  is  not 
occupied  with  fruit. 

The  orchard  interests  of  the  Berryessa  District  are 
practically  of  a  recent  date.  David  Hobson  had  an 
orchard  in  that  vicinity  planted  sometime  in  the  '6o's, 
and  Isaiah  Shaw  had  also  a  small  orchard,  but  it 
was  not  until  1880,  when  Mr.  Flickinger  commenced 
the  "  Pacific  Orchard,"  that  the  fruit  development  of 
this  section  really  began. 

J.  H.  Flickinger,  one  of  the  leading  exponents  of 
the  fruit  industry  of  Santa  Clara  County,  is  the  sub- 
ject of  this  sketch.  Coming  to  this  valley  in  1849, 
observing  the  gradual  unfolding  of  the  resources  of 
the  section,  and  grasping,  with  a  keenly  intuitive  in- 
stinct, its  wonderful  possibilities,  he  has  always  been 
foremost  in  advocating  and  illustrating  these  possi- 
bilities by  personal  exertion.  Mr.  Flickinger  was 
born  in  Germany  in  1830,  but  from  a  child  reared  in 
Erie,  Pennsylvania.  His  parents,  Adam  and  Katie 
(Hechtman)  Flickinger,  were  long  residents  of  Erie, 
and  owned  a  farm  near  the  place.  He  received  his 
early  education  in  the  usual  neighborhood  schools, 
later  attending  for  two  years  an  academy  in  Erie. 

At  the  age  of  nineteen,  attracted  by  the  wonderful 

stories  told  of  the  then  almost  unknown  California 
auii  its  treasures  of  gold,  he  went  to  New  York  and 
took  passage  for  this  State,  around  Cape  Horn,  on 
the  bark  Clyde.,  which  left  port  on  the  twenty-fourth 
of  April,  1849.  On  the  trip,  while  off  the  Cape, 
they  encountered  a  terrible  snow-storm,  which  in- 
crusted  the  sails  and  cordage  with